This week on MIP: Unitary SPCs; Delhi victory for Ericsson
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This week on MIP: Unitary SPCs; Delhi victory for Ericsson

EUbuildings

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: Council chasing EUIPO for Archambeau assessment

The Council of the EU is chasing the EUIPO’s management board for an assessment of Christian Archambeau’s performance as executive director, Managing IP can reveal.

The council told the chair of the management board in a letter dated March 22, seen by Managing IP, that it needed the assessment to decide whether Archambeau should get another term.

Click here to read the full story.

Unitary SPC will join SEPs in EU patent shake-up

The European Commission will publish legislative proposals for a unitary supplementary protection certificate as part of a bigger “patent package” in April, a spokesperson confirmed on Wednesday, March 29.

The commission signalled its intention to introduce a unitary mechanism for granting SPCs, which extend the term of protection for pharmaceutical products, in a consultation published last February.

Click here to read the full story.

Delhi High Court doubles Ericsson royalty in SEP appeal

The Delhi High Court doubled the royalty granted to Ericsson in a SEP dispute with Indian electronics company Intex on Wednesday, March 29.

Justices Manmohan and Saurabh Banerjee held that Ericsson had established the standard essentiality of its 2G and 3G patents at the interim stage and that the licence terms it offered Intex were fair, reasonable, and non-discriminatory.

Click here to read the full story.

US lawmakers blast patent thickets in letter to USPTO director

Members from both sides of the US House of Representatives wrote to USPTO director Kathi Vidal on Friday, March 24, expressing their concern about “patent thicketing".

Five members – three Republicans and two Democrats – urged Vidal to consider implementing the proposed policies outlined in her request for comment published in October 2022.

Click here to read the full story.

Other articles published by Managing IP this week include:

End of ‘painful’ EPO plausibility test a win for patentees

Counsel predict Sanofi victory in SCOTUS enablement case

IP will benefit from government reshuffle: UKIPO CEO

Counsel: Australian TM edict could weaken big brands’ power

Good faith goes a long way, says Shopee brand protection head

Elsewhere in IP

Ocado wins Autostore patent fight

Ocado celebrated victory in its patent dispute with Autostore at the England and Wales High Court yesterday, March 30. A spokesperson for Ocado added that the company would seek to recover its legal costs after Judge Richard Hacon found patents owned by Autostore were invalid. Autostore said it disagreed with the decision, especially as an EPO technical board of appeal had already upheld one of the patents as valid.

UK avoids patent grace period

The UK will not have to introduce a grace period for patent applicants as part of a deal to join the trans-pacific free trade arrangement, it was confirmed today, March 31. Lee Davies, chief executive of the Chartered Institute of Patent Attorneys, said the UK government had negotiated a deal that sets aside the grace period provisions outlined in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).

Adam Williams, UKIPO CEO, said the grace period exception would apply until the European Patent Convention and the Strasbourg Patent Convention were amended in line with the CPTPP.

“I am grateful to key the UK intellectual property professional bodies for their positive engagement on these issues throughout these negotiations, and for their support in achieving a positive outcome on these important issues," Williams said.

EUIPO eyes FRAND

The EUIPO could be given new powers to set fair, reasonable, and non-discriminatory royalties for standard essential patents, according to reports. The European Commission will announce the move next month, Reuters reported on Tuesday, March 28.

Adidas backtracks

Adidashas withdrawn its opposition to a three-stripe trademark application filed by the Black Lives Matter Global Network Foundation, the sportswear brand announced on Wednesday, March 29. The U-turn follows public backlash over Adidas opposing the application at the USPTO.

EPO filings

The EPO received 193,460 patent applications in 2022, an increase of 2.5% from 2021, the office announced on Tuesday, March 28. The Patent Index 2022 showed that digital communication and medical technology were the areas in which patents were most commonly filed. The US, Germany, and Japan were the top three countries of origin among patent filers.

Boston re-brand

Boston Patent Law Association has changed its name to Boston Intellectual Property Law Association (BIPLA), the group announced on Tuesday, March 28. BIPLA said the move was designed to better represent the scope of practice of its members, who work in all areas of IP.

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

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