Two substantial patent judgments from the Court of Appeal lead this month’s Briefing.
The first concerned the much-discussed Dabus case and the question of whether an AI can be an inventor. While the Court upheld the lower decisions, the judges also raised some interesting points that suggest a Supreme Court hearing is a possibility.
The second analysed the law on insufficiency, and specifically plausibility (or reasonable prediction) and undue burden. Overturning the first instance decision, the judges set out a three-step test that will provide useful guidance particularly in chemistry/pharmaceutical cases.
In the High Court, there has been another extensive judgment in the Optis v Apple telecoms patent litigation, relating to the grant of an injunction pending a FRAND trial due to be heard next summer. Meade J’s judgment includes detailed analysis of clause 6.1 of the ETSI IPR policy.
A copyright dispute over the rights to license the Sex Pistols music hinged on the interpretation of a 1988 agreement. The judge decided that there was no reason to prevent the majority of band members going ahead with licensing the music for use in a Danny Boyle TV series.
At the IPEC, there was a trade mark case concerning what constitutes ‘unreasonable behaviour’ sufficient to overcome the costs cap. Another case involved ownership of the rights to the name Archangel Alchemy, which pitted a trade mark registration against a claim for passing off.
Cases concerning private copying continue to be brought to the CJEU. In the latest, referred from Austria, Advocate General Hogan has published his opinion discussing reproduction and cloud computing services.
There have also been some important announcements from the UK IPO and WIPO, and the appointment of a new minister responsible for IP.
The IP/IT Briefing is part of the Bloomsbury Law Online Service. The full briefing is available here.