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Going it Alone: The EPO Chooses a Different Path to Claim Interpretation to the Courts

Going it Alone: The EPO Chooses a Different Path to Claim Interpretation to the Courts

by Sean Hutchinson | Sep 16, 2025 | EPO

We reported in our article of June 2025 that the decision of the EPO’s Enlarged Board of Appeal in G 1/24 seemed likely to “force a monumental change in practice at the EPO, whose examiners are very unlikely to now be able to raise objections against the claims of a...
Cancelled claims can come back to haunt you: Lessons from Colibri v. Medtronic

Cancelled claims can come back to haunt you: Lessons from Colibri v. Medtronic

by Agne Augustinaite | Sep 9, 2025 | US & International

Background Colibri Heart Valve LLC held a patent covering a method for implanting an artificial heart valve, specifically focusing on controlled and recoverable valve deployment. The patent originally included two independent claims: one involving pushing the valve...
Highstreet Wars: From Portobello Road Market to the High Court

Highstreet Wars: From Portobello Road Market to the High Court

by Chloe Sullivan | Sep 2, 2025 | Trademarks

This High Court dispute between two Portobello Road Market traders over the rights to the brand “The Notting Hill Shopping Bag” considered issues of trade mark infringement, copyright infringement and passing off. “The Notting Hill Shopping Bag” brand has been used by...
New Referral to the Enlarged Board of Appeal: The Description Amendment Saga Goes On!

New Referral to the Enlarged Board of Appeal: The Description Amendment Saga Goes On!

by Sean Hutchinson | Jul 31, 2025 | EPO

Background As reported in several of our earlier articles, it has long been the practice of the European Patent Office (“EPO”) to require the description of a European patent application to be amended upon allowance of the claims to ensure that the description does...
Supreme Court Provides Reality Check on Post Sale Confusion

Supreme Court Provides Reality Check on Post Sale Confusion

by Luke Pettit | Jul 29, 2025 | Trademarks

Background In a recent UK Supreme Court Case, Iconix, the owner of Umbro, brought a claim against Dream Pairs under section 10(2) of the Trade Marks Act 1994. Iconix argued that Dream Pairs’ stylised “DP” sign (the “DP logo”), when used on footwear, was confusingly...
South Africa Introduces New Plant Variety Rights Act Echoing the EU System

South Africa Introduces New Plant Variety Rights Act Echoing the EU System

by Chloe Sullivan | Jul 22, 2025 | US & International

The new system replaces the 1976 Plant Breeders’ Rights Act and intends to bring South Africa into compliance with the International Union for the Protection of New Plant Varieties (or UPOV). However, what is more interesting is how many parallels the new system draws...
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