News & Analysis as of

United Kingdom Patents Appeals

A&O Shearman

English Court of Appeal makes Emotional Perception neural network hard to patent

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There is no special treatment for neural networks when it comes to UK patenting of computer related inventions. That is the essence of the English Court of Appeal’s conclusion, led by a Judge with a keen interest in computer...more

McDermott Will & Emery

UK Court of Appeal Increases FRAND Rate, Applies It Outside Limitations Period

The UK Court of Appeal found that the UK High Court of Justice applied flawed reasoning in setting a global fair, reasonable and non-discriminatory (FRAND) royalty rate for a patent portfolio essential to 3G, 4G and 5G...more

McDermott Will & Emery

UPC Court of Appeal Issues First Decision, Overturns Preliminary Injunction

Back in September 2023, the Unified Patent Court’s (UPC) Local Division Munich issued a preliminary injunction against the defendant in 10x Genomics, Inc. v. NanoString Technologies, Inc. On February 26, 2024, in a landmark...more

McDermott Will & Emery

Legal Lens on the Unified Patent Court | February 2024

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more

McDermott Will & Emery

Is the Top-Down FRAND Approach Officially Trending in Europe?

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The High Court of Justice in London recently issued its third judgment on a fair, reasonable and non-discriminatory (FRAND) rate for a license to cellular standard-essential patents (SEPs). In the two prior UK FRAND...more

McDermott Will & Emery

The Proposed EU SEP Regulations: a Quiet Move Toward a Top-Down World?

At a high level, the top-down approach is a simple two-step method to calculate the FRAND rate owed to a particular SEP licensor. First, the appropriate aggregate royalty for a given standard (that is, a reasonable price for...more

White & Case LLP

UK Supreme Court considers AI inventorship

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On 2 March, the UK Supreme Court heard the arguments in Thaler v Comptroller-General of Patents, Designs and Trademarks, the latest in a growing line of international jurisprudence grappling with issues raised by the use of...more

Sunstein LLP

Apple Must Agree to License Terms It Hasn’t Seen -- Or Leave the UK Telephony Market

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In October 2022, the Court of Appeal in the United Kingdom issued a unanimous decision in ruling that Apple must either accept global licensing terms before they have even been determined or face an injunction that would...more

Dechert LLP

UK Court of Appeal rules on the rights of licensees to bring patent infringement claims

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The UK Court of Appeal has issued its judgment in one of the latest hearings in Neurim Pharmaceuticals v Generics (UK) relating to Neurim’s insomnia drug, Circadin. The Court of Appeal ruled that an exclusive licensee has...more

Latham & Watkins LLP

High Court Clarifies Appeal Procedures Following Remote Hand Downs of Judgments

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Mr Justice Hacon finds that procedures for applying for permission to appeal are not altered by the COVID-19 Protocol. In Claydon v. Mzuri, Mr Justice Hacon of the High Court has found that the COVID-19 Protocol does not...more

Haug Partners LLP

Update: Global FRAND Terms and Standard Essential Patents

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Recent appellate decisions coming out of the United States and the United Kingdom relating to global FRAND terms for standard essential patents will likely increase the possibility of forum shopping by patent owners and...more

Latham & Watkins LLP

Unilever – Too Big to Pay?

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The Court’s decision rested on whether the patents provided outstanding benefit to the employer’s undertaking.  On 23 October, the UK Supreme Court (UKSC) handed down its highly anticipated ruling in Shanks v Unilever [2019]...more

Ladas & Parry LLP

UK Supreme Court Decision In Actavis V. Eli Lilly – Doctrine Of Equivalents Recognized

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In its decision of July 12, 2017 in Actavis v. Eli Lilly, the Supreme Court of the United Kingdom for the first time formally adopted the concept of a doctrine of equivalents when considering what constituted an infringement...more

Hogan Lovells

UK: Drop in the ocean – Employee's invention not profitable enough for compensation

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The UK Court of Appeal confirmed on 18 January that an employee was not entitled to any compensation from his employer for the income generated by his patented inventions, as the returns did not amount to an “outstanding...more

Morrison & Foerster LLP

MoFo IP Newsletter - August 2016

Supreme Court Abolished Federal Circuit's Test for Willfulness - On June 13, 2016, in Halo Electronics, Inc. v. Pulse Electronics, Inc., 579 U.S. ___ (2016), the Supreme Court unanimously abrogated the Federal Circuit’s...more

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