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Read the latest news and briefings from the team at Schlich about real cases involving patents, trade marks and designs.

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The Battle Between NanoString and 10x Genomics Continues with NanoString Taking the Lead Following Successful UPC Revocation Action

The latest revocation action decided on by the Munich Central Division of the UPC gives NanoString the upper hand in their ongoing dispute with 10x Genomics, while also offering a useful insight into how the UPC appear to be approaching the assessment of inventive step

November 2024

What’s next for Halloumi Producers after their High Court Grilling?

The Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi, recently lost their latest Appeal in the High Court. What are their next steps for protecting their rights?

November 2024

A not so rosy decision for L’Oréal

In a recent judgement, the Board of Appeal of the European Union Intellectual Property Office (EUIPO) dealt with a trade mark dispute between well-known cosmetics manufacturer L'Oréal and Chinese rival Guangzhou Ya Ti Ao Jia Cosmetics Co., Ltd ‘Guangzhou’ regarding L'Oréal’s figurative rose mark associated with the Lancôme brand.

September 2024

UPC Court of Appeal Shifts Focus to Germany

We recently reported on the UPC’s decision to hear the Nokia v Mala case, regardless of parallel German proceedings pending for the same patent. Interestingly, the UPC Court of Appeal has reacted quickly with a different view. This update is reported here.

September 2024

Your Court or Mine? UPC takes home advantage

Nokia filed two separate revocation actions challenging Mala’s EP 2 044 709 patent, valid only in Germany. The first was filed on 29 April 2021 in the German Federal Patent Court but was unsuccessful, as the patent was upheld (appeal pending). The second was filed on 15 December 2023 in the Unified Patent Court (UPC). This article focuses on Mala’s objection to the UPC's jurisdiction, in which they argued that since a revocation action was already ongoing in Germany, the UPC should reject Nokia’s action as inadmissible.

September 2024

The Federal Circuit clarifies conflicts arising between Patent Term Adjustment and Obviousness-type Double Patenting

We perceive a sigh of relief from some patent holders following issue of the US Federal Circuit’s decision in Allergan USA v. MSN Labs, 24-1061 (Fed. Cir. August 13, 2014) (“Allergan”). This decision appears to forestall the revocation of some patents following the concerning precedential Federal Circuit decision In re Cellect (No. 22-1293) (“Cellect”).

September 2024

Directors Off the Hook: Supreme Court Rules No Personal Liability in Lifestyle Equities CV v Ahmed

Does the recent UK Supreme Court provide company directors with a ‘Get out of jail free card’ for personal liability?

September 2024

What Satisfies the Palate of the EPO’s Boards of Appeal? Fish Oil and Fruit Juice, Apparently…

In a recent decision, the EPO’s Boards of Appeal have confirmed the importance of filing data to support arguments relating to sufficiency of disclosure in EPO opposition proceedings. The patent concerned related to a mixture of fish oil and fruit juice which was alleged to have anticancer properties. The opponent argued the constituents required to achieve the anticancer effect were not sufficiently disclosed, but failed to provide enough data to convince the Board of Appeal. Hence, the Board was satisfied the claimed composition was sufficiently disclosed and ordered that the patent be maintained in amended form.

August 2024

Scientific beakers filled with coloured liquid

Boards of Appeal Introduce New Broad Interpretation of “Substance or Composition” in the Context of Second Medical Use Claims

In this decision the Board has diverged from previous case law establishing that second medical use claims were restricted to products having a chemical mode of action and instead the Board ruled that “substance or composition” should stretch to any product which may be defined by its chemical composition, regardless of the mode of action.

August 2024

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