This week on MIP: Record SEP win challenged, EPO appeals stats

May 17 2024

EPO, Munich — EPO headquarters in Munich

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

Haynes Boone seeks ‘major life sciences push’ with Procopio hire

Haynes Boone has hired life sciences partner Jeffrey Morton from Procopio, Managing IP revealed this week.

Morton was leader of the life sciences group and co-leader of licensing and technology transactions group at his former firm.

He told Managing IP that Haynes Boone is looking to expand its national life sciences practice.

To read the full article, click here.

Lava challenges Ericsson’s record $29m SEP win

Indian smartphone maker Lava has appealed against the Delhi High Court’s seminal ruling to award Ericsson a record standard-essential patents win, Managing IP confirmed.

The appeal, listed before a two-judge division bench at the same court, was heard on Monday, May 13. During that hearing, Lava failed to secure a stay on the first-instance judgment.

To read the full article, click here.

Elsewhere in IP

BoA stats

The EPO’s Boards of Appeal (BoA) published its annual report on Monday, May 13.

At the end of 2023, the number of pending cases had been reduced to under 5,000. The boards’ objectives were to reduce this number to below 7,000. Of the 1,629 oral proceedings heard during the year, 57% were held by videoconference.

The BoA added that it wants to ensure that 90% of its pending cases are no older than 24 months by the end of next year.

Counterfeit cost

A report by brand protection company Corsearch, published on Wednesday, May 15, estimated that counterfeits accounted for 3.3% of global trade in 2023, and that this is set to grow to 5% by 2030. Corsearch said this would mean that £1 in every £20 spent globally on products could be spent on counterfeit goods.

Lifestyle rejection

The UK Supreme Court said a company director should not be personally liable for profits their business makes from trademark infringing activity, in a judgment handed down on Wednesday, May 15. The Supreme Court’s decision reversed an earlier ruling by the England and Wales Court of Appeal.

Laos boost

The EPO said on Monday, May 13, that it had signed an agreement with Laos’s Ministry of Industry and Commerce that will enable European patents to be validated in the Asian country. A date has not yet been provided for when the validation agreement will enter into force.

GI expansion

The revised EU regulation on geographical indications (GIs) for agricultural products, wines, and spirit drinks, agreed in April 2024, officially entered into force on Monday, May 13. With this regulation now active, the EUIPO is responsible for establishing and maintaining the register of GIs.

Irish boost

Taylor Wessing’s Dublin office boosted its team with the appointment of patent litigator Eoin Martyn as a partner, the firm announced on Monday, May 13. Martyn, a pharmaceutical and biotechnology specialist who previously worked at McCann FitzGerald, began work at Taylor Wessing with immediate effect.

Wi-LAN win

A jury at the District Court for the District of Delaware found on Friday, May 10 that Microsoft should pay IPA Technologies, a subsidiary of patent licensing business Wi-LAN, $242 million for infringing a patent related to Microsoft’s Cortana virtual-assistant software.

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