One of the actors that has been seeking to pop-up in the European patent theatre in recent decades is plausibility. As readers will be aware, the debate around plausibility initially arose at the European Patent Office in the mid-1990s (T 939/92, AgrEvo) at a time when applications with extremely broad claims were in vogue, particularly…

Of the mainstream UK political parties, only the Liberal Democratic Party is overtly “Remain”.  It has just launched its EU Parliamentary Election campaign with the somewhat surprising slogan “Bollocks to Brexit”.  From an IP lawyer’s perspective, this raises an amusing question of whether copyright could subsist in such a slogan, because if so, the LibDems…

A further interesting decision handed down by the Judges of the English Patents Court prior to the Easter break was a judgment from Nugee J concerning proceedings between E. Mishan and Hozelock relating to a UK patent and European patent, both entitled “Expandable Hose Assembly”. E. Mishan (trading as Emson) claimed that Hozelock’s expandable garden…

Ice cream shop franchisor showed that franchisee misappropriated a trade secret and that it would suffer irreparable harm absent a preliminary injunction. An ice cream parlor franchisor showed that information it gave to a franchisee was not known outside the business and was restricted by confidentiality agreements and was therefore likely a trade secret, the…

In a patent infringement suit brought by Omega Patents against CalAmp Corp. alleging infringement of Omega’s U.S. Patent Nos. 6,346,876 (’876 patent), 6,756,885 (’885 patent), 7,671,727 (’727 patent), and 8,032,278 (’278 patent), the federal district court in Orlando’s judgment of no invalidity of the asserted claims was affirmed, the U.S. Court of Appeals for the…

In our blog of last December, we reported that China has established a new IP Tribunal within the Supreme People’s Court (the “SPC”) as a national IP appellate court akin to the federal circuit in the United States. The new SPC IP Tribunal commenced operation from Jan 1, 2019 in Beijing. Interim Judgment On March…

Last week the Board of Appeal issued a decision holding that Google’s patent application 04784004.6 was unallowable on the ground of lack of inventive step. Amongst other things, the decision contains useful guidance relevant to applications containing a mixture of technical and non-technical subject matter. The take-homes from the decision are as follows: 1. A…