Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 09 AUGUST 2024

Successes At The UPC

Boult Wade Tennant LLP
Boult Wade Tennant LLP
Contributor
Boult Wade Tennant LLP

Boult Wade Tennant LLP

Boult is a top-tier European firm specializing in IP advice and solutions for both domestic and...

View firm profile
Explore more from Boult Wade Tennant LLP

The Court of First Instance of the UPC, in decisions dated 4 and 31 July 2024, ordered the revocation within the relevant states of two European patents owned by Dexcom, Inc. relating to continuous glucose monitoring, EP3435866 and EP3797685.

European UnionIntellectual Property
Simon Kahn
Simon Kahn
Author LinkedIn connections

The Court of First Instance of the UPC, in decisions dated 4 and 31 July 2024, ordered the revocation within the relevant states of two European patents owned by Dexcom, Inc. relating to continuous glucose monitoring, EP3435866 and EP3797685. Dexcom, Inc. were the claimant in both cases, asserting the patents against Abbott Laboratories and several of its subsidiary companies (Abbott). In both cases, the court held that the patents lacked inventive step. Abbott were advised and represented by an international team led by Taylor Wessing which included Boult's Daryl Penny. In particular, Daryl (one of Boult's UPC Representatives) advised Abbott on the invalidity counterclaim. He attended the hearings before the Paris and Munich Local Divisions of the UPC as part of Abbott's defence team. As well as having successful outcomes for Boult's client, these decisions show how the UPC is analysing inventive step. We will report further soon. In the meantime, the full decisions

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

AI, Deepfakes And Image Rights: Does English Law Protect Your Face, Voice And Likeness?

Generative AI has created a legal vacuum where synthetic images and deepfakes can be created and shared without consent, yet English law offers no standalone "image right" to protect individuals. With celebrities like Lisa Riley and over 80 performers demanding reform, the question is whether the UK's patchwork of intellectual property, data protection, and common law protections can adequately address this rapidly evolving threat to personal autonomy and reputation.
United KingdomIntellectual Property
Mills & Reeve LLP
Mills & Reeve LLP
Article

The Sound Of Ownership: Why AI Voice Cloning Is Raising New IP Questions

As AI voice cloning technology becomes increasingly sophisticated and accessible, the Save Our Voices Now campaign calls for statutory rights allowing individuals to own and control their voice as intellectual property. This article examines whether existing UK law sufficiently protects one of our most personal and recognisable attributes, exploring copyright, trade marks, passing off, and the practical steps individuals and businesses can take.
United KingdomIntellectual Property
Ashfords LLP
Ashfords LLP
Article

Samsung Ordered To Pay The Swatch Group US$11.6 Million In Damages For Trade Mark Infringement

The High Court has awarded the Swatch Group US$11.6 million in negotiation damages against Samsung for trade mark infringements involving watch face apps on the Galaxy App store. Rejecting both parties' extreme valuations of US$170 million and US$301, the court established important principles for assessing damages when brand owners don't license their marks and no comparable market royalties exist.
United KingdomIntellectual Property
Mishcon de Reya LLP
Mishcon de Reya LLP
Article

High Court Clarifies The Limits Of Copyright Claims Against Online Marketplaces

The UK High Court has delivered a landmark ruling on online marketplace liability, dismissing Shein's copyright infringement claims against Temu and clarifying when platforms can be held responsible for third-party content. The judgment examines the boundaries of copyright ownership in complex supply chains and establishes important precedents for how marketplace operators should respond to infringement allegations.
United KingdomIntellectual Property
HGF Law
HGF Law
Article

Omnia v Sidel Appeal Confirms: If You Intend To Opt Out, Do It Early

The UPC Court of Appeal has confirmed that actions can be commenced before a European patent application is granted, fundamentally changing the strategic calculus for patent applicants considering opt-out decisions. This ruling in Omnia v Sidel establishes that the window between publication and grant is no longer a safe period free from UPC jurisdiction risks. Patent owners who wish to avoid UPC litigation must now act swiftly after application publication to preserve their opt-out rights.
European UnionIntellectual Property
Boult Wade Tennant LLP
Boult Wade Tennant LLP
Article

The UK-Swiss Trade Deal: Boosting Innovation In Pharma And Biotech

The UK-Switzerland Free Trade Agreement introduces groundbreaking provisions for pharmaceutical and biotech innovation, establishing explicit commitments to maintain IP rights and regulatory exclusivity for medicinal products. This enhanced deal creates mechanisms for cross-border partnerships while ensuring seamless mobility of expertise between two global life sciences leaders.
United KingdomIntellectual Property
Boult Wade Tennant LLP
Boult Wade Tennant LLP
Article

Cheers! UAE Opens The Door To Trade Mark Registration For Alcoholic Beverages

The United Arab Emirates has lifted its longstanding restrictions on trade mark applications for alcoholic beverages, marking a significant shift in intellectual property policy. This development opens new opportunities for brand owners in the beverages and hospitality sectors to secure direct protection for their alcohol brands and products. The change aligns the UAE more closely with international classification standards and follows similar reforms recently implemented by Qatar.
United Arab EmiratesIntellectual Property
Boult Wade Tennant LLP
Boult Wade Tennant LLP
Article

UK IPO Releases Updated Guidance On Excluded Subject Matter Following The Judgment Of The Supreme Court In Emotional Perception AI

The UK Intellectual Property Office has released new statutory guidance following the Supreme Court's landmark Emotional Perception AI judgment, fundamentally changing how patent examiners assess excluded subject matter. This guidance clarifies the treatment of artificial neural networks, quantum computers, and other emerging technologies under patent law, while aligning UK examination procedures more closely with European Patent Office practices.
United KingdomIntellectual Property
Boult Wade Tennant LLP
Boult Wade Tennant LLP
Article

Implementation Of The EU Design Regulation (Phase II)

The European Union Intellectual Property Office (EUIPO) is implementing significant changes to EU design registration procedures, introducing dynamic and animated representation formats alongside traditional static views. These reforms will fundamentally alter how design applicants protect their intellectual property, from expanded visual documentation options to streamlined invalidity proceedings and new amendment mechanisms for registered designs.
United KingdomIntellectual Property
Boult Wade Tennant LLP
Boult Wade Tennant LLP