Insights
Tesla and Nikola Motor fight over futuristic truck design in billion dollar law suit
By Mikael Andersson | Posted on May 3, 2018
On 1 May, Nikola Corporation filed a law suit against Tesla Inc. In the court filing, Nikola Corporation claims that Tesla Inc. infringes three US design patents protecting the overall shape of the fuselage, the wrap windscreen, and the side door. Nikola Corporation, more known as Nikola Motor, is a US start-up company developing fully-electric...
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Tags: design patent, Infringement, law suit, Nasdaq, Nikla Motor, Nikola Corporation, semi-truck, Tesla
Why the authorities are taking a tougher stance on trademark infringement in the food industry
By Ai-Leen Lim | Posted on April 4, 2018
Thirteen defendants have been criminally prosecuted in Shanghai for selling goods under illegally manufactured labels, reinforcing the tough stance that the authorities have been taking in counterfeit food cases. The cases On January 11 2018, the Intellectual Property Trial Division of Shanghai Pudong New Area People’s Court delivered judgment in six cases involving trademarks for...
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Tags: china, criminal prosecution, fruit, Infringement, labels, Trademark, trademark infringement
AWA Litigation secures win for start-up client Integration Diagnostics Sweden AB in a patent infringement and invalidity case
By AWA | Posted on March 21, 2018
The Patent and Market Court in Stockholm recently issued a judgment in a patent dispute between Osstell AB and Integration Diagnostics. Osstell claimed that Integration Diagnostics’ instrument for contactless measurement of dental implant stability (with the somewhat amusing trademark “Penguin”) infringed one of its patents. Integration Diagnostics denied infringement and also filed a counter-claim...
New proposed law: Legal privilege for patent attorneys before Danish courts
By Mikkel Roed Trier | Posted on February 28, 2018
After more than ten years of effort from Danish IP and industry associations, the industry hopes to soon enjoy legal privilege for patent attorneys before Danish courts. On 28 February, the Danish Minister for Justice proposed a number of changes to the Danish Administration of Justice Act (AJA), the most import of which relates to...
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Tags: AJA, Denmark, IP, Legislation, US
Good and less good news for British IP professionals
By AWA | Posted on February 14, 2018
For some British IP professionals all is about to change with regards to European intellectual property practice – but for others nothing will change at all. At a meeting between the EPO and the Chartered Institute of Patent Attorneys (CIPA) in late January, it was confirmed that European patent attorneys who are based in the UK...
Olympic games well covered by Intellectual Property
By AWA | Posted on February 9, 2018
The Winter Olympic Games in PyeongChang, South Korea, have just started. For two weeks athletes around the world will do their very best to represent their countries. But what about intellectual property at the games? The Olympic rings are well-known to almost everyone on this planet, i.e. the five interlocked rings with colours in blue,...
Tags: design, Intellectual Property, IOC, olympic games, PyeongChang, Trademark
CRISPR patent revoked at the EPO
By Niklas Mattsson | Posted on January 31, 2018
The CRISPR system has revolutionised the gene technology field, opening up for a multitude of genetic engineering possibilities and harbouring huge potential for the treatment of diseases. In particular, one version of the system known as CRISPR/Cas9, has been modified to edit genomes. It is commonly called a “gene scissor”, i.e. it can cut a...
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On the point of re-examination of SPC term #3 – End of discussion?
By Louise Jonshammar | Posted on January 31, 2018
Reflections on the Court of Justice of the European Union’s interpretation of Article 17.2 of the SPC Regulation As previously addressed in a Newsflash from Awapatent, and in two previous entries, the Swedish Patent and Market Appeal Court handed down eight decisions on 4 October 2017, in appeal cases regarding re-examination of SPC term. The...
IP within IoT and the fourth industrial revolution
By AWA | Posted on December 15, 2017
According to a new study Patents and the Fourth Industrial Revolution (4IR), conducted by the EPO the number of filed patent applications that relate to IoT, i.e. smart connected objects, are increasing rapidly. Over the last three years the increase amounts to 54%. Together with Handelsblatt Research Institute, the EPO has identified almost 50 000 applications...
Directors Beware: New Swedish judgment regarding personal liability for patent infringement
By AWA | Posted on December 8, 2017
The Swedish Patent and Market Court (PMD) announced an interesting judgment concerning the Board of Directors’ personal liability for patent infringement in October this year. The company Power Tools sued the company Royex, its chairman and president for patent infringement of cartridges for cracking stones. PMD found that the product “Royex Generation II” constitutes patent...
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Tags: board of directors, directors, Infringement, patents, personal liability, sweden
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