The IPKat BLOG – Page 11

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GuestPost: Holistic approaches in patent obviousness: US and EU perspectives

http://ipkitten.blogspot.com/2025/01/guestpost-holistic-approaches-in-patent.html In his Guestpost below, Konstantin Voropaev (Elbert, Nazaretsky, Rakov & Co) explores how two recent decisions from opposite sides of the Atlantic, the US Federal Circuit decision in Janssen Pharmaceuticals v. Teva and the UPC decision in 10x Genomics, signal a potential convergence in patent obviousness analysis. Konstantin argues... Continue reading
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New Vatican AI Guidelines for the development and use of AI models: from AI training to Vatican’s authorship and ownership of AI-generated outputs (at least within the Vatican City State)

http://ipkitten.blogspot.com/2025/01/new-vatican-ai-guidelines-for.html Kat rescued in St. Peter’s square Overwhelmed by AI-related commentaries and looking for something that thinks – at least partly – out of the box? Then, this is for you. Shortly before the Holidays, the Pontifical Commission for the Vatican City State released the Guidelines on Artificial Intelligence (here for... Continue reading
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Ruff outcome as Bad Spaniels found to have tarnished Jack Daniel’s trademarks

http://ipkitten.blogspot.com/2025/01/ruff-outcome-as-bad-spaniels-found-to.html The sellers of “Bad Spaniels” dog toys have left court with their tails between their legs this week after the latest decision in VIP Products LLC v. Jack Daniel’s Properties. In its judgment dated 21 January, the US District Court for the District of Arizona (“the Court”) declined to consider VIP’s... Continue reading
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Functional claims for pharmaceutical formulations: Validity versus enforcement (T 2130/22)

http://ipkitten.blogspot.com/2025/01/functional-claims-for-pharmaceutical.html The Board of Appeal decision in T 2130/22 considered the inventive step of a pharmaceutical formulation in which the technical effect relied upon for inventive step was also a functional feature of the claim. The decision confirms that when a technical effect is specified as a functional feature in... Continue reading
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Thursday Thingies

http://ipkitten.blogspot.com/2025/01/thursday-thingies_23.html *Calmly* approaching the weekend rest Another working week is slowly coming to an end and, as usual, it’s time to catch up with the latest news and opportunities from the IP world. IPKat Book of the Year Awards 2024 Now in its 7th edition, the IPKat Book of the... Continue reading
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Plausibility as a moving target: Phase III clinical trial results sink second medical use patent (T 0816/22)

http://ipkitten.blogspot.com/2025/01/plausibility-as-moving-target-phase-iii.html The Board of Appeal decision in T 0816/22 considered whether post-published phase III clinical trial data showing lack of efficacy can invalidate a second medical use patent that appeared plausible based on the data in the application as filed. The patent related to the use of a C1-esterase inhibitor... Continue reading
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Never Too Late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2025/01/never-too-late-if-you-missed-ipkat-last_21.html If you were too busy to keep up with The IPKat’s quite patent-centric week, do not worry – this Kat is here to help you catch up! A Kat relaxing after finally catching up with The IPKat
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Sweet success for Thatchers in Court of Appeal decision on Aldi’s lookalike lemon cider

http://ipkitten.blogspot.com/2025/01/sweet-success-for-thatchers-in-court-of.html The Court of Appeal of England & Wales handed down its much-anticipated judgment today in the trade mark infringement dispute, Thatchers Cider Company Limited v Aldi Stores Limited [2025] EWCA Civ 5. The decision partly overturned the controversial IPEC judgment (covered by the IPKat here) in finding that Aldi’s packaging took unfair advantage of Thatchers’... Continue reading
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[Guest post] Turin Court of Appeal upholds protection of Juventus FC’s unregistered colour combination trade mark for ‘Be the stripes’ jersey

http://ipkitten.blogspot.com/2025/01/guest-post-turin-court-of-appeal.html The IPKat has received and is pleased to host the following guest post by Katfriend Edoardo Cesarini (GR Legal), discussing a recent decision of the Turin Court of Appeal (Italy) concerning protection of Juventus FC’s unregistered trade mark for its black-pink-white colour combination. Here’s what Edoardo writes: Turin Court... Continue reading
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The Oktoberfest is fair game

http://ipkitten.blogspot.com/2025/01/the-oktoberfest-is-fair-game.html The Oktoberfest in Munich is not just the world’s largest festival: its name has also become very popular in other countries. There are Bavarian-themed festivals around the world named ‘Oktoberfest’. As a consequence of this development, the term has become descriptive for such festivals and related goods and services.... Continue reading