In a recent case at the High Court two European patents prosecuted by UDL were found valid in a patent infringement action brought by ASSIA Inc., a US-based broad band software provider, against BT plc.
In the judgement, BT's Next Generation Access (NGA) broadband network system was found to infringe EP (UK) 1,869,790 while EP (UK) 2,259,495 was found not to be infringed www.wragge.com. The court is scheduled to settle the form of the final order and will consider any injunction, the nature of damages and costs awards in January 2014. Either party is entitled to ask the court for permission to appeal this judgment.
This is the second high profile telecoms case featuring IP rights obtained by UDL, following last year's action between Samsung and Apple relating to the design of the iPad as protected by Community Registered Design No. 000181607-0001 which was obtained for Apple by UDL. Although the registered design was found to be valid, it was not found to be infringed, because, as the Judge famously said when comparing the Samsung products to the iPad design, they were "not as cool".
If you have any questions, please contact your usual UDL patent advisor, or Andrew Alton at email@example.com
The Scottish Government has published its vision of an independent Scotland in a document entitled "Scotland's Future". We are pleased to see that in the lengthy document, intellectual property has not been forgotten. Indeed, the document states "Intellectual Property will continue to be protected". As an EU member state "Scotland will meet European regulations and directives on IP rights protection".
The document also states that "independence will allow Scotland to offer a simpler, cheaper and more business-friendly model than the current UK one, which is seen as bureaucratic and expensive, especially for small firms". There is a tantalising prospect of "second tier" or "utility model" protection.
During the run up to the independence vote in September 2014, we will be keeping a close eye on the process, as you would expect from our firm's Scottish roots. We have set up a team to follow progress over the next year, so if you have any questions, please contact Rob Orr (firstname.lastname@example.org) or David Stanners (email@example.com)
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