Background The applicant Kct GmbH & Co. KG filed an application for a motion mark depicting the opening and closing of a window, as depicted below. The EUIPO rejected the application for lack of distinctiveness, and the Board of Appeal upheld that decision,...
Background The UPC Court of Appeal’s decision in Otec v. Steros provides an interesting insight into claim interpretation and the constraints on relying on post-filing experimental evidence at the UPC. The case, UPC Court of Appeal decision 579/2025, arose from a...
In a further development, T1849/23 has become the first case where clear claim language is broadened by definitions and/or embodiments provided in the description. Background T 1849/23 concerned an appeal filed by Alois Kober GmbH, the Opponent, against the Opposition...
Background LEGO A/S (‘LEGO’) owns the following registered Community designs (‘RCD’) for ‘building blocks from a toy building set’ (Locarno class 21.01): – RCD no. 001950981-0001 – RCD no. 002137190-0002 The defendant, Pozitív Energiaforrás Kft....
In district court litigation, patents can be challenged on any ground, and challenges may be based on any kind of prior art recognised by the patent statutes. Inter partes review (IPR) proceedings are, however, different. They are administrative proceedings in which...
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