This week on MIP: UPC backs document access as Ireland's position in doubt

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This week on MIP: UPC backs document access as Ireland's position in doubt

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

UPC Court of Appeal backs document access

The Court of Appeal of the Unified Patent Court has dismissed Ocado's appeal against a decision to grant a member of the public access to court documents, in what was a closely watched dispute with transparency implications.

The court said that when weighing a direct interest against the general interest of the integrity of proceedings, the balance will “generally be in favour of granting access to the written pleadings and evidence of such proceedings”.

To read the full article, click here.

Fees flexibility draws IP quintet to Merchant & Gould

A group of five senior lawyers were inspired to join intellectual property boutique Merchant & Gould because of the pricing flexibility that the firm can offer clients.

Merchant & Gould announced on April 10 that it had hired a team of five lawyers from IP firm Oblon to join its Washington DC area office. The group consists of partners Daniel Pereira, John Kern, Eric Schweibenz, and Donald McPhail, as well as of counsel Alexander Englehart.

Pereira was managing partner and led the chemical practice group at Oblon, while Kern led the electrical and mechanical group. Schweibenz managed the litigation practice.

To read the full article, click here.

Other articles published on Managing IP this week include:

Pearce IP chief: generosity pays huge dividends

How law firms help technical experts pass the bar

Weekly take: INTA’s broadside against free riders raises tough questions

Trademark counsel weigh in on proposed USPTO fee hikes

Five minutes with… Joshua Harris, Burford Capital

Strategy Shifts? Counsel mull proposed patent fee increases

A UK first: Carpmaels & Ransford sets UPC precedent

Elsewhere in IP

Ireland’s UPC doubt

Ireland could postpone a scheduled referendum on whether the country should join the Unified Patent Court, Irish broadcaster RTE reported yesterday, April 11.

The broadcaster said Peter Burke, the newly appointed minister for enterprise, will bring a memo to the Cabinet next week outlining the next steps but that a June 7 vote now appears unlikely.

Huawei SEP deal

Huawei revealed that it had granted a cellular IoT standard-essential patents licence to metering solution company EDMI on Thursday, April 11. David Wang, head of Huawei's Asia Pacific IP department, said: "Huawei is pleased to reach this license agreement with EDMI, which will greatly promote innovations in traditional industries such as utilities."


AI guidance

The USPTO released guidance on the use of artificial intelligence tools when preparing patent and trademark applications on Wednesday, April 10.

“While the USPTO is committed to maximising AI’s benefits and seeing them distributed broadly across society, the USPTO recognises the need, through technical mitigations and human governance, to cabin the risks arising from the use of AI in practice before the USPTO,” the office wrote.

Apple appeal

Apple asked the US Court of Appeals for the Federal Circuit to reverse a US International Trade Commission decision to ban certain Apple Watches on Friday, April 5. The company claimed that the ITC had exceeded its authority by issuing an injunction.

“The commission compounded that fundamental error by issuing a series of substantively defective patent rulings. Apple respectfully submits that this court should correct the commission’s errors and ensure the agency observes the jurisdictional limitations Congress prescribed,” Apple wrote in its court filing.

AI bill

Democratic US congressman Adam Schiff introduced a bill to require companies to disclose the copyright-protected works they use to train their AI models on Tuesday, April 9.

Before releasing a new generative AI system, companies would have to notify the Register of Copyrights about all copyrighted works used in building or altering the system’s training dataset. The bill would also apply retroactively.

 ‘Top Gun’ copyright

The US District Court for the Central District of California dismissed a copyright case on Friday, April 5 that was filed against movie studio Paramount concerning ‘Top Gun: Maverick’.

The heirs of author Ehud Yonay, who wrote the article that inspired the original ‘Top Gun’ movie, argued that that ‘Top Gun: Maverick’ infringed the article’s copyright.

Mishcon hire

London-based law firm Mishcon de Reya announced that trademark partner Angela Fox had joined the firm on Wednesday, April 10. Fox joined from Maucher Jenkins.

more from across site and SHARED ros bottom lb

More from across our site

The Getty Images v Stability AI case, which will hear untested points of law, is a reminder of the importance of the legal system and the excitement it can generate
Firms explain the IP concerns that can arise amid attempts by brands to show off their ‘Canadianness’ to consumers
Counsel say they will be monitoring issues such as the placement of house marks, and how Mondelēz demonstrates a likelihood of confusion in its dispute with Aldi
The EUIPO expanding its mediation services and a new Riyadh office for Simmons & Simmons were also among the top talking points this week
David Boundy explains why Pierson Ferdinand provides a platform that will allow him to use administrative law to address IP concerns
Developments included an anti-anti-suit injunction being granted for the first time, and the court clarifying that it can adjudicate over alleged infringements that occurred before June 2023
Griffith Hack’s Amanda Stark, one of our ‘Top 250 Women in IP’, explains how peer support from male colleagues is crucial, and reveals why the life sciences sector is thriving
The case, which could offer clarity on the training of AI models within the context of copyright law, will go to trial in the UK next week
CMS IndusLaw co-founder Suneeth Katarki says he plans to hire a patent team in India and argues that IP should play a major role within full-service firms
Partners at the firm explain why they’ve seen more SEP cases at the ITC, and why they are comfortable recommending the forum to clients
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