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Brexit and the Supremes
The UK held a referendum five months ago on whether it should remain a member of the European Union. One simple question was asked: Should the UK remain a member of the EU or leave the EU?
I know this because the question was written on my ballot paper – see below
US caselaw review: 6 notable cases from SCOTUS and CAFC in June 2014
The Supreme Court of the United States (SCOTUS) and the US Court of Appeals for the Federal Circuit (CAFC) have had a busy month as far as intellectual property cases are concerned. Today on IPcopy we have a handy overview courtesy of Wolf, Greenfield & Sacks, P.C. of what’s been baking the noodle of SCOTUS and CAFC recently. So in reverse date order here we go…. (more…)
CJEU hands down Meltwater Decision – in-depth analysis
The Court of Justice of the European Union (CJEU) yesterday handed down its much anticipated Meltwater decision (Case C-360/13 Public Relations Consultants Association v Newspaper Licensing Agency and Others).
The CJEU ruling follows a referral from the UK’s Supreme Court and related to whether cached copies and on-screen copies of websites that are generated in the course of browsing may be made without the authorisation of copyright holders. Here at IPcopy we’ve taken some time to look over the decision to bring you our in-depth review. (more…)
Top 10 Points from Patent Developments and Case Law in the US in 2013
Following on from last year’s guest posts from Suleman Ali of Holly IP and K2 about top 10 points from UK Court Decisions and top 10 points from EPO case law in 2013 we now have Suleman’s post regarding developments in the US in 2013. This post was originally posted on the Holly IP blog and is reproduced with the permission of the author.
These points are from a talk held at CIPA on 27 November 2013 given to UK Patent Attorneys. (more…)
The unitary patent, the Spanish challenge and a costly admin error
As IPcopy covered back in June last year, Spain has launched further attacks against the unitary patent system at the CJEU. There are several bases for the complaint including breach of the principles of autonomy and the issue of delegation of powers to the European Patent Office whose acts are not subject to judicial review.
At the always entertaining Wragge & Co. annual patent seminar in December last year, the Virgin v. Zodiac case that recently passed through the UK’s Supreme Court was discussed in the context of res judicata and the end of the Unilin principles. However, this case may also illustrate the issues that can arise when the EPO gets something wrong and there’s no means for appeal.
The Supreme Court case centered on Virgin Atlantic Airways Ltd’s attempts to recover damages exceeding £49 million (!) for the infringement of a European patent that no longer existed in the form said to have been infringed.
What is particularly interesting about the Virgin/Zodiac case in the context of the unitary patent system and Spain’s challenge to that system is that it relates to a patent that should never have had effect in the UK were it not for an administrative mistake by the EPO!
US Supreme Court to take a run at Alice v. CLS Bank
The US Supreme Court announced on Friday that it is to review the Alice Corp. v. CLS Bank Intl. case. The US Court of Appeal, of course, recently handed down its take on the case (see decision dated 10 May 2013 here) in which the 10 judge panel exhibited something of a split opinion.
At the recent AIPLA event in Washington Chief Judge Rader (one of the 10 judge CAFC panel on the Alice/CLS case) commented that he regarded that case as a personal failure and a failure of his institution (Court of Appeals for the Federal Circuit). Listening to other attorneys at AIPLA a number of feelings were expressed about the case including bafflement, frustration and the merest hint of “the End of Days”.
IPcopy 