Posts

Around the IP blogs!

Image
Take a trip around the IP blogs with IPKat! Highlights this week include a David versus Goliath trade mark battle in Norway, implications of the new NAFTA on IP and the legalization of graffiti in Chile.  Copyright Graffiti art IPTango  reports the announcement from the Chilean Chamber of Deputies that they have approved a project that regulates urban graphic art. IPTango considers the news in view of the treatment of graffiti by the copyright system:  Legalizing Graffiti: Chilean Chamber of Deputies says YES! Patents Dennis Crouch of PatentlyO  reports on the passage of the SUCCESS Act (HR 6758) through the US House of Representatives and US Senate. The Act is now awaiting the signature of President Trump to pass it into law. The bill will enable the USPTO to set its own fee structure until September 2026:  USPTO to get Back its Fee Setting Authority Trade marks Kluwer Trademark Blog reports on the high profile trade mark infringement case in Norway, relating t...

Wednesday Whimsies

Image
Happy Wednesday IPKat readers! Here is a list of upcoming events and some news to start the week: Events The University of Southampton will host  in Paris  on 9 November 2018  the event "The New Modes of Online Platform Responsibility".  This conference will discuss the recent attempts to strengthen the legislative framework targeting online platforms, in order to question the validity and the effectiveness of these new modes of platform responsibility. The conference will consist of 5 Parts: Fundamental rights and platform responsibility; Intellectual Property and platform responsibility; Traders, consumers and platform responsibility; Data protection and platform responsibility; Which platforms? IPKat's own Eleonora Rosati will be one of the speakers. For more information on the programme, see here .   On 28 November 2018 , LES Britain & Ireland will host the event  "Aspects of IP Licensing" and Sir Robin Jacob , LES Honorary President, will be the ...

Lord Kitchin applies the "markedly different" infringement approach in Actavis v Eli Lilly in Icescape v Ice-World

Image
Since the landmark UK Supreme Court decision in Actavis v Eli Lilly ( [2017] UKSC 48 ), judges of the lower courts have voiced the need for clarification from the Supreme Court.  In a Court of Appeal decision published recently, Icescape v Ice-World ( [2018] EWCA Civ 2219 ),  Lord Kitchin, who has been recently elevated to the Supreme Court,  applies the principles of Actavis . This Kat looks to see if there are any hints in this decision as to how Lord Kitchin may approach the unresolved issues raised by Actavis in the Supreme Court. The Invention - Cooling apparatus for mobile ice rinks The case at issue was whether Ice-World's patent for a mobile ice rink cooling member  EP (UK) 1462755 ,  was valid and infringed by Icescape. Mobile ice rinks are formed from an arrangement of manifolds and longitudinal pipes . Coolant pumped through  the pipes freezes surrounding water to form the skating surface.  The apparatus of pipes and manifolds ha...

Never Too Late: if you missed the IPKat last week!

Image
Did you miss the IP latest? Not to worry, the 202nd edition of Never Too Late is out! Pharma: Competition & IP Looking to discuss the latest developments in competition law in the pharma sector? Here’s an event for you taking place on 4 December in Brussels. See Kat Eleonora’s post for more details (and for a special discount for IPKat readers!). The Patent Information Initiative for Medicines (Pat-INFORMED), is a newly creted database through which patent holders provide information about patents covering approved medicines: a database of information but also a communication platform between procurement agencies and pharmaceutical companies. In   Public procurement of pharmaceuticals and the patent system, the first date of a stormy relationship?  Kat Frantzeska discusses the issue. Kat dilemmas upon arrival in the Belgian capital Trade marks What may be the main (potential) events in the life of an EU/national trade mark? Here's a new map from Kat Eleonora. The m...

AIPPI UK Rapid Response Event: Unwired Planet v Huawei - 13 November at 6PM

Image
FRAND a bit much for you? Come to AIPPI's Rapid Response seminar where they will break down today's Court of Appeal decision Following hot on the heels of today's Unwired Planet decision , comes the UK Group of AIPPI with their Rapid Response seminar on the Court of Appeal's decision.  So mark your calendars for 13 November 2018 for a 6PM start and make your way to Bird & Bird where Sir Robin Jacob and Richard Vary will entertain us with their favorite parts of the decision and what the means for SEP owners and implementers alike.  The blurb from AIPPI UK is as follows: Rapid Response: Unwired Planet v Huawei   Tuesday 13 November 2018, 5:30 for 6pm start, @Bird & Bird  The much-awaited decision from the Court of Appeal in the Unwired Planet v Huawei case was handed down this morning. We are therefore very pleased to announce that AIPPI UK has put the same team back together who addressed Birss J's decision, to give us an in-depth analysis of the Court of...

Much Ado About FRAND: What you need to know about today's Court of Appeal Unwired Planet decision

Image
The Court of Appeal bats around global FRAND rates Following this morning's Court of Appeal hand down, patent litigators across the UK and further afield have been analyzing the judgment in Unwired Planet v Huawei [2018] EWCA Civ 2344 .   The AmeriKat was only able to briefly summarize the findings, so had to rely on her friends at Bird & Bird (sounds like dinner to the AmeriKat...) in the form of Jane Mutimear and Richard Vary who expand on the Court of Appeal's findings as follows: "The Court of Appeal handed down judgment in the Unwired Planet v Huawei appeal this morning (23 October 2018).   The bench consisted of Lord Justice Kitchin (now Lord Kitchin since his elevation last month to the Supreme Court), Lord Justice Floyd and Lady Justice Asplin. They handed down a 291 paragraph, 66 page judgment dealing with Huawei's appeal and Unwired Planet's cross-appeal against Birss J's findings Huawei would be subject to an injunction in the UK unless they...

Court of Appeal reaffirms UK as SEP litigation hotspot in upholding Birss J in Unwired Planet

Image
How surprised were you about the Court of Appeal's decision? For those of you who haven't been eagerly awaiting today's decision from the Court of Appeal in the Unwired Planet v Huawei appeal , let the AmeriKat surprise you with this bit of news - the Court of Appeal has upheld Birss J's decision  from last April.  In dismissing all three grounds of appeal, the Court of Appeal in Unwired Planet v Huawei [2018] EWCA Civ 2344    (with Lord Kitchin giving the lead judgment) held that: 1 .   Birss J was entitled to find that, in all the circumstances, only a global licence would be FRAND (see [129]). 2.   Huawei's appeal on the non-discriminatory element of FRAND failed.  Huawei argued that the licence offered to them did not meet the ND criteria because the global royalty rate offered to them was much higher than that contained in global licence granted to Samsung, but the Court of Appeal held that the offer was non-discriminatory (see [207]); 3...