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IP News to Peruse

Incredible Claims Held to Lack Credibility

30th April 2021

The Court of Appeal for the Federal Circuit’s (CAFC) recent decision In Re Hu 19-2104 involved consideration of whether patent applications that violated currently established laws of physics were sufficiently enabled and whether the onus of establishing their unpatentability had been discharged.

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Invalidity Decision Against Lego’s Building Blocks Held to Not Stack Up

28th April 2021

In Lego AS v EUIPO T-515/19 the General Court upheld Lego’s appeal, finding that the EUIPO Boards of Appeal erred in considering whether Lego’s design application relating to a toy building block is invalid.

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Something More Than Parody Needed for Bad Faith

23rd April 2021

In Swatch AG v Apple Inc 2021 EWHC 719 a UK Judge has held that the Hearings Officer was wrong to find that Swatch’s trade mark application for a phrase used by Apple was made in bad faith on account of its potential parodic use.

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IPONZ Trialling Short-Listed Expedited Hearings

8th April 2021

As part of efforts to reduce the hearings backlog for both patents and trade marks, from 1st April 2021 until 30th September 2021 IPONZ will trial a system that aims to utilize spaces for hearings that become available at short notice.

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Simulations Based on Technical Principles Not Sufficient for Solving a Technical Problem

31st March 2021

In G 1/19 (Simulation) the Enlarged Board of the Boards of Appeal held that whether a computer implemented simulation of a technical system or process solves a technical problem by producing a technical effect that goes beyond the simulation’s implementation on a computer needs to be determined on a case-by-case basis.

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