Tuesday, 23 February 2016
Away last week or too busy to read the IPKat? As usual, don’t worry because our friend and colleague Alberto Bellan is back with his Never Too Late feature, now on its 86th edition.
This is what happened on this very blog last week:
Nicola reviews the second edition of "Domain Name Law and Practice: An International Handbook, edited by Torsten Bettinger and Allegra Waddell, and published by Oxford University Press.
Igor Nikolic, a PhD student at University College London who is writing a thesis on FRAND licensing, comments on one of Mr Justice Birss' decisions in a series of cases concerning mobile phone technology and essential patents (Unwired Planet v Huawei and Samsung).
* In memoriam of Justice Antonin Scalia: something personal and something professional
Neil takes a brief moment to reflect on Justice Scalia, who was his law school professor at the times of University of Chicago Law School in the late 1970’s, and consider Justice Scalia's attitude towards IP.
* English Patent Court speeds up, reminds Mr Justice Carr in Celltrion v Biogen
Celltrion Inc. v Biogen Idec Inc., F. Hoffmann-La Roche AG and Genentech Inc.  EWHC 188 (Pat) is about the most recent practice direction which aligns the UK regime with the fast-approaching UPC's stated intention that all cases will be done and dusted within a year. Katfriend Eibhlin Vardy (A&O) analyses the decision.
* The design-copyright interface: the Italian Supreme Court rules on street furniture
Former Guest Kat Valentina Torelli reports on a recent decision by the Supreme Court of Italy regarding copyright and design law overlaps.
With regards to the unitary patent, a number of questions regarding dual protection arises. First, do the national provisions regarding double patenting under the EPC extend to unitary patents? Secondly, how should the relationship between "duplicate" unitary and national patents be regulated? Mark has some ideas about that.
As David's post on Regeneron Pharmaceuticals Inc v Kymab Ltd & Anor  EWHC 87 (Pat) clearly shows, mice have a very special relation with patent case law.
Over the past week or so, it has been widely reported that due to a recent Indonesian Supreme Court decision cancelling two IKEA trade mark registrations for non-use, Inter IKEA Systems B.V. had ‘lost its rights to the IKEA trademark in Indonesia to a local company’ and ‘would have to change its name’. Well, not really, say Prudence Jahja and Andrew Diamond of Januar Jahja & Partners, Jakarta, Indonesia.
* Will you stay or will you go? Mrs Justice Rose is go go go in Lilly v Janssen stay application
Stays of proceedings are not easy in UK courts, as Janssen found out last week in Eli Lilly v Janssen Sciences  EWHC 313, where Mrs Justice Rose refused to stay Lilly's revocation and declaration of non-infringement (DNI) action brought against Janssen's divisional patent - EP (UK) 2 305 282. Annsley tells all.
PREVIOUSLY, ON NEVER TOO LATE
Never too late 83 [week ending on Sunday 14 February] – Indigenous IP | Arnold J's latest judgment flags down the iconic London black cab | Life of a national/EU trade mark ... in a map | A comprehensive explanation of trademarks | Actavis v Lilly.
Never too late 82 [week ending on Sunday 7 February] – PhD Student Seminar at CIPA | IP meets Antimonopoly law in Japan | German Federal Patent Court invalidates 80% of litigated patents | Inquiry as to damages: no longer a rare avis? | US trade secrets | Trends in IP Data | EPO's new Chief Economist | GIFs and copyright | Katcall for new positions in the IPKat team | Star Wars IP.
Never too late 83 [week ending on Sunday 31 January] – The AmeriKat from the Silicon Valley | INGRES conference on developments in European IP law 2015 - patents | Economics of UK creative industries |Stretchline v H&M | Merck KGaA v Merck Sharp & Dohme | Ethics in IP | Social dialogue at the EPO | Ms Potter's extended copyright | CJEU on TMs' genuine use | Replicating works in museums.
Never too late 82 [week ending on Sunday 24 January] – Economics of legal professions | One shot to boost your EU trade marks | AG's opinion on fair compensation | Enforcement Directive consultation and UPC | Armonised grace period | Draft UK Legislation on Unitary Patent and Unified Patents Court | Arnold J's ruling in KitKat | Linking and copyright | GE moves to Boston.