Home > Legal Opinions tagged Patents

  • A bit of comfort for software innovators

    Oliver Laing

    On Wednesday the High Court handed down its decision in the Halliburton Energy Inc’s Patent. The decision was a further development on the law of inherently patentable subject matter. Halliburton’s four patent applications had previously been rejected on the grounds that they were excluded from patentability as methods for performing a mental act and as […]

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  • Google increases patent arsenal

    Ryan Harrison

    With its recent acquisition of 1,023 patents from IBM, Google now owns approximately 20,000 patents. Previously, Google has lagged behind its competitors in developing a substantial patent portfolio and, as a result, has been seen in some quarters as vulnerable to patent infringement litigation. However, following its acquisition of Motorola Mobility in August, and the […]

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  • Vince Cable announces support for intellectual property modernisation

    Alex Kynoch

    On 3 August, the Government announced its full support for the recommendations made in the Hargreaves Report on intellectual property and growth. The Government revealed its goal to “have measures in place by the end of this Parliament” and will prepare more detailed proposals for consultation. The report’s recommendations include: the creation of a digital […]

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  • Threatening reform?

    Giles Parsons

    In its eleventh programme of reform, the Law Commission has announced it will consider reforming the laws relating to groundless threats. Currently, groundless threats of trade mark, design or patent litigation can be causes of action themselves. Sabre rattling should obviously be discouraged, particularly as just the threat of infringement can be enough to make […]

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  • Telecoms patent portfolio auctioned for £2.8bn

    Paula Dumbill

    The heat looks set to intensify in the telecoms industry as it was announced last week that a consortium of six telecoms companies including Apple, Microsoft, Sony, Research In Motion, Ericsson, and EMC successfully bid against Google and Intel to acquire a portfolio of more than 6,000 patents and patent applications relating to wireless and […]

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  • Patent Box – a box of delights?

    Sara McNeill

    The Government has issued its second consultation on its ‘Patent Box’ scheme which aims to cut the tax rate on profits generated from patents held by UK businesses to 10%. Qualifying patents are patents granted by the UK Intellectual Property Office and the European Patent Office only. However the scheme will apply to worldwide income […]

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  • Common general knowledge – a truth universally acknowledged

    Peter Ellis

    Jane Austin’s famous phrase “a truth universally acknowledged” was adopted by Mr Justice Floyd recently to summarise an understanding of what amounts to common general knowledge and to distinguish that knowledge from something which is obvious. There was then an interesting discussion on the approach of the expert and the difference between common general knowledge […]

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  • The Blu-ray row: 1-0 to Sony, full time score to follow

    Alex Kynoch

    On 28 February electronics manufacturer LG successfully applied for an ex parte order that up to 300,000 Playstation 3 consoles be seized from Sony’s EU distribution centre, and that Dutch customs seize any further imports, effectively cutting off the entire EU supply chain. The order was granted as part of a dispute over Sony’s use […]

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  • Cheaper EU patent protection, but at a cost?

    Emma Tuck

    National validation and translation costs currently make the cost of obtaining a patent in Europe around ten times as expensive as obtaining a patent in the USA. In the absence of agreement on proposals for a single EU patent, and in a bid to make the application process cheaper, the European Commission this week presented […]

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  • Will the ‘Patent Box’ keep companies in the UK?

    Beth Dowson

    The Chancellor George Osborne has confirmed that, as part of plans to make Britain more business-friendly and tax-competitive, a new 10% rate of corporation tax will be introduced on profits from certain products developed in the UK. From 1 April 2013 this reduced rate of corporation tax will apply to profits from patents, but not […]

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