The IPKat BLOG – Page 4

In: The IPKat BLOG

Delaware court finds fair use defence unsuccessful in AI training copyright motion

http://ipkitten.blogspot.com/2025/02/delaware-court-finds-fair-use-defence.html In a recent decision (Case 1:20-cv-00613, ECF 770) on the use of copyrighted texts for AI (but not generative AI) training, the Delaware District Court (the Court) held that a fair use defence was unsuccessful on a summary judgment motion for copyright infringement. Background The Claimant is Thomson Reuters (Reuters), the... Continue reading
In: The IPKat BLOG

CJEU clarifies jurisdiction rules for European patent enforcement: BSH Hausgeräte vs. Electrolux AB

http://ipkitten.blogspot.com/2025/02/cjeu-clarifies-jurisdiction-rules-for.html Earlier this week the CJEU provided its ruling in the highly anticipated case of BSH Hausgeräte v. Electrolux (Case C-339/22, February 2025). The case addressed longstanding questions about the jurisdiction of European courts when patent invalidity is raised as a defence in an infringement case. The CJEU found that national... Continue reading
In: The IPKat BLOG

The power of reputation: EUIPO confirms stronger protection for renowned trade marks

http://ipkitten.blogspot.com/2025/02/the-power-of-reputation-euipo-confirms.html Earlier this month, the Fifth Board of Appeal (BoA) of the EUIPO refused the registration of “CHOPIN” for several goods in Classes 29, 30, and 32 of the Nice Classification due to the risk of free-riding on the reputation of the earlier trade mark “CHOPIN” under Article 8(5) EU... Continue reading
In: The IPKat BLOG

BPatG rejects amendments to PGI “Hessischer Apfelwein” specifications not to undermine traditional methods and area of production

http://ipkitten.blogspot.com/2025/02/bpatg-rejects-amendments-to-pgi.html The German Federal Patent Court (BPatG) has recently refused (30 W (pat) 54/22) to accept amendments to the specifications of a geographical indication (GI). Amending specifications (a registration document that sets the GI’s name, area and methods of production) has been allowed since the first GI Regulation, Regulation (EC)... Continue reading
In: The IPKat BLOG

Illiquidx v Altana: Breach of confidence claim succeeds but directors get away

http://ipkitten.blogspot.com/2025/02/illiquidx-v-altana-breach-of-confidence.html In a recent decision of the UK High Court (Illiquidx Ltd v Altana Wealth Ltd & Ors [2025] EWHC 299 (Ch)), a claim for breach of confidence has succeeded, while claims for copyright infringement and liability of two directors have failed. The case is a useful example of the post-Lifestyle... Continue reading
In: The IPKat BLOG

BPatG rejects amendments to PGI “Hessischer Apfelwein” specifications not to undermine traditional methods and area of production

http://ipkitten.blogspot.com/2025/02/bpatg-rejects-amendments-to-pgi.html The German Federal Patent Court (BPatG) has recently refused (30 W (pat) 54/22) to accept amendments to the specifications of a geographical indication (GI). Amending specifications (a registration document that sets the GI’s name, area and methods of production) has been allowed since the first GI Regulation, Regulation (EC)... Continue reading
In: The IPKat BLOG

[Guest Post] UK SPCs: Clinging to nurse, or fear of something worse? (Merck v Comptroller [2025] EWCA Civ 45)

http://ipkitten.blogspot.com/2025/02/guest-post-uk-spcs-clinging-to-nurse-or.html The recent English Court of Appeal decision in Merck Serono SA v Comptroller-General of Patents, Designs, and Trade Marks [2025] EWCA Civ 45 (28 January 2025) was a significant moment for the UK’s post-Brexit approach to Supplementary Protection Certificates (SPCs). Despite hopes that the UK might chart its own... Continue reading
In: The IPKat BLOG

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

http://ipkitten.blogspot.com/2025/02/never-too-late-if-you-missed-ipkat-last_26.html Here is what you might have missed from the latest at The IPKat! Patents Rose Hughes analyzed DexCom v Abbott (UPC_CFI_230/2023), the first substantive decision of the Paris Local Division of the Unified Patent Court (UPC) on patent validity. The case clarifies how much the description should be taken... Continue reading
In: The IPKat BLOG

[Guest Post] UK SPCs: Clinging to nurse, or fear of something worse? (Merck v Comptroller [2025] EWCA Civ 45)

http://ipkitten.blogspot.com/2025/02/guest-post-uk-spcs-clinging-to-nurse-or.html The recent English Court of Appeal decision in Merck Serono SA v Comptroller-General of Patents, Designs, and Trade Marks [2025] EWCA Civ 45 (28 January 2025) was a significant moment for the UK’s post-Brexit approach to Supplementary Protection Certificates (SPCs). Despite hopes that the UK might chart its own... Continue reading
In: The IPKat BLOG

Review of AI patent drafting software for life sciences: Qatent

http://ipkitten.blogspot.com/2025/02/review-of-ai-patent-drafting-software.html LLMs will undeniably have a major impact on the legal industry, but are any of these tools suitable for the pharma and biotech industry? PatKat has decided to take a look to see if any of currently available tools can assist with patent drafting for life sciences. As a... Continue reading