This month’s Briefing includes three Court of Appeal judgments, six decisions of the lower courts, two rulings from the CJEU and one from the EPO Enlarged Board of Appeal, as well as a report on the government’s response regarding AI and IP.
The Court of Appeal cases span copyright, patents and trade marks. In TuneIn v Warner, the Court endorsed the CJEU’s interpretation of ‘communication to the public’ and declined to depart from it. In Vestel, the Court upheld the substance of a first instance decision to decline jurisdiction in a FRAND dispute. And in UK Gymnastics, the Court upheld a first instance finding of trade mark infringement, but overturned part of the passing off finding.
Two tobacco patents were found invalid on grounds of added matter and obviousness, in a complex case in the Patents Court. In the latest twist in the dispute between Neurim and Mylan regarding patents for an insomnia treatment, Mr Justice Marcus Smith dealt with matters arising due to the patent being revoked (when Neurim withdrew its appeal at the EPO) after the Patents Court had found it valid and infringed.
There were interesting trade mark decisions concerning an application to register ONE MORE THING (appealed from a UK IPO opposition) and the validity of the mark CRYPTOBACK. Other High Court decisions concerned the enforceability of penalty clauses (Permavent) and database rights (DRSP).
In a reverse-payments case concerning the drug citalopram, the CJEU upheld the General Court’s findings rejecting appeals against fines imposed by the European Commission, addressing the tension between patent rights and competition law. In VG Bild-Kunst, a case concerning framing, the Court developed the law on ‘communication to the public’.
The EPO Enlarged Board of Appeal published its ruling in Case G1/19, in which it confirmed the approach to examining computer-implemented inventions.
Finally, the government published the responses to its call for views on AI and IP, as well as its response to the responses.
The IP/IT Briefing is part of the Bloomsbury Law Online Service. The full briefing is available here.