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This week on MIP: India trade stance exclusive, UPC chair departs, and more

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We provide a rundown of Managing IP’s news and analysis coverage from the week, and review what’s been happening elsewhere in IP

Exclusive: India to resist UK 'patent evergreening' demands

The Indian government will stand firm on restricting so-called patent evergreening, despite the UK’s demands for reform in this area, a senior government official told Managing IP this week.

The source said the government would not consider amendments to Section 3d of the country’s Patents Act. As it stands, that provision restricts patent grants for incremental inventions.

The source’s view comes as the UK and India attempt to flesh out a free trade agreement.

Click here to read the full article

Ramsay resigns as UPC chair ahead of launch

Alexander Ramsay has stepped down as chair of the Unified Patent Court administrative committee, he confirmed to Managing IP on Tuesday, November 8.

Johannes Karcher, head of the UPC task force at the German Federal Ministry of Justice, has been promoted from deputy to acting chair.

Ramsay said he decided to leave as the court now had staff in place and a judicial leadership set to take up their posts next year. The Swedish national played a pivotal role in the setup of the UPC, serving as head of the preparatory committee from 2013 until this year.

Click here to read the full article.

Exclusive: Republican-majority House would target litigation funding

A Republican-majority House of Representatives would focus on litigation funding and China’s intellectual property practices next year, a source on Capitol Hill told Managing IP ahead of the midterm elections, which took place on Tuesday, November 8.

The government source said that should the midterm elections put more Republican representatives on the Hill, then litigation investment transparency would become a top priority for members interested in IP.

Click here to read the full article.

Colombian firm OlarteMoure to launch venture capital fund

Colombian law firm OlarteMoure will launch a venture capital fund in the second half of 2023, its lawyers told Managing IP on Monday, November 7.

The intellectual property firm plans to raise between $8 million and $10 million for the pot to invest in Colombian and other Latin American start-ups in deep tech.

“We wanted to put our money where our mouth was when it came to start-up projects,” said Carlos Olarte, partner at OlarteMoure in Bogotá.

Click here to read the full article.

Exclusive: Cartoon maker hits back at Peppa Pig online takedowns

The maker of the Wolfoo cartoon has claimed that the trademark owner of Peppa Pig unfairly secured takedowns from YouTube – and has again encouraged Vietnam’s government to protect local businesses.

In a letter sent to various government ministries on Monday, November 7, Vietnam-based SConnect said eOne had “absolutely no right to implement YouTube takedown measures”. Although eOne would request a takedown, the decision to accept or not would in reality sit with YouTube.

The letter marks the latest twist in what is becoming an increasingly vociferous spat between the pair.

Click here to read the full article.

Other articles published by Managing IP this week include:

Sisvel unveils cellular IoT patent pool

How counsel secure the best deals in IP mediations in India

Grabinski ‘without question’ right man for UPC helm

How US counsel win and strike down large trade secret damages

Hamburg a dark horse in UPC case battle

Europe trails major players for female inventors, EPO finds

Funders foresee business as usual despite transparency push

Why SCOTUS’s latest trademark case matters

Elsewhere in IP

Funding and hoarding

Litigation funding makes the news in the US. The District Court for the District of Delaware is to consider whether two litigation firms and their clients accurately revealed funding arrangements for patent infringement cases they are managing. A first in a series of hearings was held on Friday, November 4, according to Bloomberg.

Also in the US, the Court of Appeals for the Ninth Circuit backed Fortress Investment Group on Tuesday, November 8, in its dispute with Intel.

Intel had accused Fortress of hoarding patents and unfairly financing infringement litigation. However, the appeals court backed an earlier ruling by the District Court for the Northern District of California which found no evidence of anti-competitive behaviour from Fortress.

Patent wars

Back to the UK where the England and Wales High Court ruled on Wednesday, November 9, that smartphone maker Oppo infringed one of Nokia’s implementation patents and that the patent was valid.

The patent, EP 371,65,60, covered the processing of transmissions signals in a radio transmitter. The ruling, by Mr Justice Richard Meade, followed injunctions granted in Germany (Munich and Mannheim) and in the Netherlands on separate patents.

UPC latest

In European news, the Unified Patent Court’s website was updated on Monday, November 7. The new site has the same address as the UPC Preparatory Committee’s original site and includes the key legal documents establishing the court as well as information regarding the Rules of Procedure.

Upcycling settlement

Meanwhile in the trademark world, The Fashion Law blog reported on Monday, November 7, that luxury brand Louis Vuitton (LV) had settled a lawsuit it filed against a wholesaler engaged in “upcycling”. The settlement was agreed at the District Court for the Southern District of Texas.

LV had accused the defendant of engaging in trademark infringement, counterfeiting, and dilution by co-opting the brand’s famous trademark to create new accessories.

Upcycling is the process of transforming unwanted products into new materials or products perceived to be of greater quality.

IP checkout

Finally, following the news that online retail store had entered administration this month, reports have emerged that UK retailer Next has purchased the company’s domain names and IP. This article from TechCrunch on Wednesday, November 9, suggested that Next paid £3.4 million ($3.8 million) for the rights.

That's it for this week, see you again next week.

more from across site and ros bottom lb

More from across our site

The FTC’s plans to scrutinise improperly listed Orange Book patents could make these listings more important in litigation, but firms should be looking at this anyway
Counsel at Debevoise & Plimpton explain how they helped food delivery business Grubhub avoid a preliminary injunction at the Court of Appeals for the Seventh Circuit
European lawyers tell Managing IP how the legal market is reacting to the first few months of the UPC and why cases are set to take off
The ban could be extended or cancelled, depending on whether Judge Pauline Newman cooperates with an investigation, the Judicial Council of the Federal Circuit stated
Sources say some China-based lawyers are prepared to take large pay cuts to join stable practices, but most firms are sceptical about new hires
Lord Justice Colin Birss used ChatGPT to help him write a judgment, a development that has generated plenty of debate but which is perhaps inevitable
The decision marks the first time the Unified Patent Court has issued a preliminary injunction after an oral hearing involving both sides in a dispute
The German carmaker is the second licensee to sign up to Avanci’s 5G pool following its launch last month
Managing IP presents the third edition of its Ones to Watch list, profiling 22 in-house counsel on the rise
Marko Stübegger is a legal IP management expert at RHI Magnesita in Austria