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This week on MIP: Fed Circuit upheaval, Nokia wins Vivo injunction

Court of Appeals Federal Circuit Lafayette Park Washington DC
The Court of Appeals for the Federal Circuit in Washington DC

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: EUIPO chief was ousted despite approval of chair

The chair of the EUIPO’s management board recommended that executive director Christian Archambeau serve another term before he was ousted last November, Managing IP revealed this week.

In a note prepared for the management board, dated October 31, Jorma Hanski praised Archambeau’s performance and advised the board to back his candidacy for a second term.

Read the full story here.

Down and out? EU sunset law falters despite UK insistence

The UK government has insisted it is on track to replace or abandon swathes of EU law by the end of the year despite the relevant bill facing a delay on its path through parliament.

The report stage of the bill was due to be heard in the House of Lords, the upper chamber of the UK parliament, in the coming days – but this has now been delayed.

It is not yet clear when the report stage – during which amendments are suggested – will take place, if indeed it happens at all.

Read the full story here.

Other articles published by Managing IP this week include:

Counsel cautiously welcome New Zealand’s antitrust IP policy

How brands overcome IP violations by their suppliers in China

Weekly take: EUIPO chief will feel vindicated despite leadership mess

EPO’s quality chief answers critics

Elsewhere in IP

Fed Circuit row

The chief judge of the US Court of Appeals for the Federal Circuit has filed a judicial complaint against her colleague Judge Pauline Newman, IPWatchdog reported on Wednesday, April 12. Judge Kimberly Moore, who has headed the appeals court since 2021, reportedly has concerns over Newman’s ability to serve. The complaint, filed under the Judicial Conduct and Disability Act, also claims Newman is slow to issue opinions.

India IP division

The Madras High Court launched a new intellectual property division on Wednesday, April 12. The division will adjudicate litigation and appeals against the decisions of India’s IP office, which were previously heard by the Intellectual Property Appellate Board (IPAB). The government abolished the IPAB in April 2021 due to inefficiency. Until now, the Delhi High Court had been the only court in India with a specialised IP division.

Nokia wins Vivo injunction

A German court granted Nokia an injunction against Chinese tech company Vivo, it was confirmed on Tuesday, April 11. The order, from the Mannheim Regional Court, could force Vivo out of the German market unless it agrees to take a licence from Nokia for standard essential patents. Oppo was forced to halt German sales last August after being hit with an injunction for infringing Nokia patents.

Baidu targets Apple

Chinese company Baidu sued Apple and a string of app developers over fake versions of the Ernie chatbot last Friday, April 7. Baidu said there was no official Ernie app available on the App Store. The Baidu-developed tool is an artificial intelligence (AI)-powered bot intended to rival Open AI’s ChatGPT. The lawsuits were filed at the Beijing Haidian People's Court.

Mind-mapping TM clash

Hong Kong-based software developer Xmind sued rival Wondershare for trademark infringement at the District Court for the Central District of California, it was confirmed on Tuesday, April 11. Xmind claimed Wondershare had deliberately copied the Hong Kong company’s “revolutionary” mind-mapping products.

M&S t-shirt under fire

A London pub chain accused retailer Marks & Spencer of using its brand name on a new t-shirt on Wednesday, April 12. M&S has since removed the t-shirt from its site. The Craft Beer Co. said on Twitter that it was “hard to believe in 2023 such things can be signed off by someone at [a] huge PLC”. The t-shirt featured the Craft Beer Co. name on the back.

Kate Swaine, partner at Gowling WLG, said: “It may feel unnecessary to a fast-paced business but failing to understand the risks around existing third-party registered and unregistered rights can be embarrassing at best and financially costly at worst.”

Haynes & Boone promotes three

Haynes & Boone promoted three patent specialists to counsel on Tuesday, April 11. Zach Halbur and Mike Tobin focus on prosecution, while Caroline Fox is a litigator.

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

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