Appleyard Lees partners and solicitors Bill Lister and Chris Hoole discuss the benefits of mediation vs. court proceedings, and how mediation in intellectual property cases can differ to non-intellectual property cases.
With 1 October 2022 being the possible start date of the Unitary Patent system, applicants achieving allowance of their European patent applications in the coming months may wish to delay grant so as to obtain a Unitary Patent (UP).
A number of Alternative Dispute Resolution (“ADR”) strategies have been developed over the last few decades. They can provide cost-effective alternatives to court proceedings, and allow two parties to negotiate a settlement in a confidential environment.
On 6 April 2022, after a high-stakes, eleven day trial, the High Court of England and Wales declared that Ed Sheeran, singer/songwriter, did not infringe copyright relating to the song “Oh Why” by Sami Chokri. The allegation that Ed Sheeran copied the catchy parts of “Oh Why” was therefore dismissed by the Court.
It appears that the EPO will stay proceedings in cases where the assessment of inventive step is exclusively reliant on whether post-published evidence can be taken into consideration.
OhPolly loses design infringement battle against Original Beauty: a crash course in quantifying loss
“Damages inquiries are rare in intellectual property cases”. Fortunately, every now and again, a case is heard on inquiry, providing practitioners and rights holders with a practical refresher on the calculation of damages in UK proceedings.