Artificial intelligence (“AI”) is everywhere, and it continues to be a featured topic at many industry conferences. Sometimes this relatively new topic can feel a bit stale. However, a very interesting AI paper was recently published: Artificial Intelligence, Scientific Discovery, and Product Innovation by Aidan Toner-Rodgers (November 6, 2024). While several previous papers have
Patents
Here we go again – Unified Patent Court back on track
The German Constitutional Court issued a landmark decision with implications for many companies doing business in Europe on July 9, 2021. For decades, the European Commission and EU member states strived to create a pan-European Unified Patent Court (UPC). After overcoming many hurdles, any sensible commentator will be cautious in making statements about the future…
UK Supreme Court hands down another FRAND decision
By Marianne Schaffner & Jonathan Radcliffe on
FRAND issues are at the heart of the most significant patent cases in Europe (in the UK, Germany and France – please see our previous alert here). After the Nokia vs Daimler decision last week by the Mannheim Court, and decision handed down in Sisvel v. Haier earlier in May by the German Supreme…
Paris takes the lead in Europe on FRAND legal qualification
By Marianne Schaffner & Christophe Arfan on
On February 6, 2020 the case management judge of the Paris High Court (Tribunal Judiciaire) made a decision that is of great importance in terms of both the legal qualification of the undertaking of the owner of patents essential to the implementation of standards to grant to anyone a fair, reasonable and non-discriminatory (FRAND) license,…
FinTech patents may not be grounded within the contours of patentable subject matter under Alice
By Lisa A. Chiarini & Herbert F. Kozlov on
The U.S. District Court for the Southern District of New York recently invalidated Western Express Bancshares, LLC’s (Western Express) U.S. Patent No. 8,498,932 relating to a method of transferring funds through a bankcard. This decision was the result of a motion to dismiss a patent infringement action brought by Western Express against Green Dot Corporation…
MIAX keeps stocking up the wins against Nasdaq in Fintech patent battle
Within two weeks, Miami International Holding Inc. and its subsidiaries (MIAX) have attained five victories before the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office.
The PTAB declared that five Nasdaq patents (U.S. Patent Nos. 6,618,707, 7,246,093, 7,921,051, 7,747,506, and 8,386,371), related to electronic securities trading systems, are invalid under…
Misappropriation of trade secrets in Germany – the recent Supreme Court decision
By Anette Gaertner on
Germany is a leading jurisdiction for patent litigation, yet it is still not popular for those bringing trade secrets disputes. Frankfurt partner Dr Anette Gärtner has published a case comment, “German Federal Supreme Court: Hohlfasermembranspinnanlage II — Enforcement of Claims for Misuse of Trade Secrets”, looking at the recent Supreme Court decision regarding the misappropriation…
Unregistered patent transactions will cost you
By Jonathan Radcliffe on
The findings from a recent UK Patents Court judgment have clarified the extent of litigation sanctions imposed when there is a failure to record a patent transaction at the Patent Office. The UK patents system may deprive a successful plaintiff of its entitlement to recover its full legal costs in these circumstances. This case will…