IP Litigation

The slow and continuing expansion of the Bolar Exemption

Bolar Exemption - Ampoules

The initial Experimental Use Exemption Acts done for experimental purposes relating to the subject matter of the patented invention have long been provided for as an exemption to patent infringement across the majority of European countries, i.e. those who have adopted the provisions of the Community Patent Convention in their laws.  In the UK this… Read more »

Intellectual Property and Sustainable Development Goals: Fuelling Global Progress

In a world facing significant challenges, the importance of human creativity and innovation cannot be overstated. As highlighted by the UN’s Sustainable Development Goals (SDGs), we need to find solutions to problems ranging from climate change and diminishing natural resources to widespread inequality and health crises. We need “to re-think how we live, work and… Read more »

AA Thornton IP LLP Shortlisted in Managing IP Awards 2024

Managing IP Awards 2024

We’re pleased to announce that AA Thornton IP LLP is shortlisted in three categories at the Managing IP Awards 2024. We also congratulate our partner Mike Jennings for his nomination as Patent Practitioner of the Year. Our firm is recognised for: UK Patent Disputes UK Trade Mark Disputes UK Patent Practitioner of the Year –… Read more »

Amazon and eBay spurious takedown requests – getting de-listed products re-listed

Ebay Amazon takedowns

As a firm, we have recently seen an increase in the number of entrepreneurs whose product listings on e-commerce platforms like Amazon or eBay have been removed due to takedown requests alleging intellectual property infringements. As specialists in intellectual property law, we are used to dealing with situations where the question of infringement is not… Read more »

A Pilot for Costs-Capping in Patents Cases

Costs-Capping in Patents Cases

Exposure to high litigation costs can prevent small and medium-sized enterprises (SMEs) and individual inventors from accessing the legal system. Significantly, the costs associated with proceedings in the Patents Court typically start at £1 million, often escalating to between £1.5 and £2 million in small to medium-sized patent disputes[1].   Cap on Patent Litigation Costs… Read more »

McDonald’s are Lovin’ It with EUIPO Board of Appeal Decision Win

At the end of 2022 the EUIPO Board of Appeal annulled the 2019 decision to revoke McDonald’s BIG MAC mark and allowed the mark to remain on the register (Case R534/2019-4). Background to the case Supermac’s is a popular Irish chain of restaurants dating back to 1978. In 2017, Supermac’s Holdings Ltd (Supermac’s) filed two… Read more »

Trademarking in the Metaverse and NFTs – the MetaBirkin decision

In one of the first legal cases to assess how trade mark law will apply to digital images protected by non-fungible tokens (“NFTs”), a New York jury has found that the MetaBirkin images produced by Mason Rothschild infringe the trade mark rights of Hermès in its Birkin bag. Artist Mason Rothschild created images of a… Read more »

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