News
The latest insights, sector developments and case updates from Potter Clarkson. Explore up-to-date content from our experts and stay informed on the issues shaping the IP landscape.
UPC’s ‘long arm’ reaches to UK infringement claims
The Düsseldorf Local Division has released a remarkable decision concerning the ‘long arm jurisdiction’ of the UPC, in which it confirmed its jurisdiction to determine infringement of the UK designation of a European patent, provided the defendant is domiciled in a UPC Contracting Member State.
No post-Brexit return to second medical use SPCs: Court of Appeal upholds refusal of Merck Serono SPC in the UK
In a January 2025 judgment, the Court of Appeal upheld the judgment of the High Court (Patents Court) in the case of Merck Serono S.A. (Appellant) v The Comptroller-General of Patents, Designs, and Trade Marks (Respondent).
Innovating Intellectual Property: Spotlight on Dave Clark, Partner at Potter Clarkson
At the intersection of technology, law, and innovation stands Dave Clark, a Partner at Potter Clarkson, renowned for his expertise in software, AI, and electronics-based patents. His career journey, technical acumen, and commitment to client success exemplify the dynamic nature of the patent profession and the ongoing mission of innovating intellectual property.
Sustainability and digitalization are driving transportation innovation reports WIPO
A new report WIPO Technology Trends - Future of Transportation aims to drive the development of sustainable, efficient, and connected transportation systems aligned with the UN's 2030 Agenda. We take a closer look.
.avif)
UPC Court of Appeal confirms approach for addressing typographical errors
The Court of Appeal (CoA) has recently confirmed that a typographical error or any other inaccuracy in a patent claim can only be corrected by way of claim interpretation if the existence of an error, and the precise way to correct it, are sufficiently certain to the average skilled person.
Diversity in innovation: gender representation in Scandinavia and the Baltics
Scandinavia and the Baltic States have long enjoyed strong political and economic ties, trading across the Baltic Sea for centuries. Denmark, Sweden, and Norway - often collectively referred to as Scandinavia - are renowned for innovation and the development of disruptive technologies. Sweden and Denmark consistently rank in the top ten for the world’s most innovative countries (Global Innovation Index report, World Intellectual Property Organization, 2004).
UPC has jurisdiction to hear separate claim for damages
In a recent decision in the case of Fives v Reel, the UPC Court of Appeal (CoA) has resolved two questions in relation to damages, confirming that:
How can AI help make construction more sustainable?
The construction industry is undergoing a transformation, particularly in terms of addressing the impact construction has on the environment. It is no surprise that AI is already playing a huge part in this transformation.
How will innovation support the growth of circular construction?
Circular construction is the practice of reusing and reappropriating buildings and building materials to ensure they are reused, adapted and rebuilt for as long as possible. Doing this reduces waste, overreliance on certain resources and emissions.
How could hardware help with decarbonising ports?
The decarbonisation of the shipping industry demands ports to find more sustainable ways to operate as much as the decarbonisation of vessels. In this article we look at how hardware innovation could help decarbonise ports.
Changes to the UKIPO's approach to AI-based inventions
Patenting AI-based inventions can be challenging in many jurisdictions. In recent years the UK Intellectual Property Office (IPO) has gained a reputation for being less friendly to AI-based inventions.
The growth of plant-based foods: lessons from the FDA’s draft guidance and opportunities for the EU
The plant-based food market is growing rapidly, with consumers increasingly and actively seeking sustainable, ethical, and health-conscious alternatives. However, as this industry expands, so does the challenge of ensuring transparent and accurate labelling. As a follow up on our previous article, we’d like to look at some interesting recent developments.
.avif)
How serious is the threat of counterfeit tobacco and vape products?
The tobacco industry is facing a potentially critical threat from counterfeiting. Fake cigarettes, vapes, nicotine pouches and other types of tobacco-based products pose significant health risks for buyers and reputational damage for manufacturers.
High Court upholds UKIPO decision: Halozyme's SPC appeal dismissed
On 16 December 2024, the High Court handed down its judgment in the case of Halozyme, Inc. v The Comptroller-General of Patents, Designs and Trade Marks. The Court dismissed Halozyme's appeal, upholding the decision of the UK Intellectual Property Office (UKIPO) to refuse two Supplementary Protection Certificate (SPC) applications related to human recombinant hyaluronidase (rHuPH20) in combination with the therapeutic antibodies trastuzumab (Herceptin®) or rituximab (MabThera®), respectively.
A decisive moment for engineering biology: UK must act now to realise benefits
“Don’t fail to scale: seizing the opportunity of engineering biology”: The 1st report of 2024-2025 session of the Science and Technology Committee of the House of Lords published today, on the topic of the opportunities presented by the Engineering Biology field, and the risks to the UK of not engaging fully with appropriate investment and supporting strategy.
GlobalFoundries and IBM settle their legal battle over trade secrets and breach of contract
Last Thursday GlobalFoundries and IBM announced they have reached a settlement in their long-running legal battle.