Articles & Briefing notes

Gwilym Roberts writes on how the internet is changing IP law


Gwilym Roberts gives his view of the recent Canadian case, Google v Equustek, which raises a wide range of jurisdictional issues for IP and tech lawyers.

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Alice in Wonderland? Why the Federal Circuit’s latest struggles with the US Alice decision could have a positive impact in Europe


It is becoming a rare occurrence to see the Federal Circuit reverse a district court’s patent-eligibility holding, but in Visual Memory LLC v NVIDIA Corp. (Visual Memory) the Federal Circuit did just that.

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Actavis v Eli Lilly - what patent attorneys and examiners need to know


This infringement case is the UK's, and perhaps, Europe's biggest in 12 years. We thought about what attorneys and examiners need to learn from this - and how it could impact how to draft, get and grant a patent.

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A bump in the road, a fork in the path or a nail in the coffin? What exactly is happening with the UPC?


The year is 2012 and Christmas is approaching. In darkened rooms, desperate efforts are being made to resolve a debate that has been brewing for at least the past twelve months, and which threatens to completely derail a package of measures that have been more than 30 years in the making. At heart, there is an argument over the role of the CJEU in a new patent litigation framework. Can a compromise be found to satisfy all parties?

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Early Certainty at the EPO – our perspective


The EPO has introduced a number of changes to speed up prosecution and opposition proceedings - collectively known as ‘Early Certainty’ initiatives. Here, Gwilym Roberts and Victoria Barker consider the impact of these changes on EPO proceedings.

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The Unified Patent Court - to be or not to be


The UPC was thrown into considerable doubt by the referendum of the British people to leave the EU. The outlook seemed sunnier when the UK government announced its intention to ratify the UPC Agreement. However, the clouds are gathering again now that a general election has been called in the UK for 8 June 2017. Our Partner, Peter Hale has offered his insight on where we are now, what could possibly go wrong and what you should be doing now.

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Patents Court grants new form of declaration aimed at providing commercial certainty


The Patents Court has granted a new form of declaratory relief that has never been seen before in the UK aiming to provide commercial certainty for claimants.

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Brexit and implications for IP in the pharmaceutical industry


Intellectual Property in the pharmaceutical industry is governed by patent offices and various EU regulations and Directives. Here we look at some important aspects and consider the changes that may occur if and when the UK leaves the EU.

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Does fortune favour the brave? What to do now the UPC package is back on track


The UK government took many by surprise with a recent announcement that ratification of the Unified Patent Court Agreement is to proceed, notwithstanding ongoing Brexit deliberations. There has been much speculation as to what the outcome of this might be, but rather less on what patent holders should do about it today. Peter Thorniley, Gwilym Roberts and Nick Shipp take you through the options.

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UK to ratify the Unified Patent Court Agreement - A briefing note


In a surprising move to most observers, the UK government appears to have put pan-European patent litigation back on track. Gwilym Roberts and Peter Thorniley look at what this means for users of the system, and what might happen next.

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