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IP News to Peruse

Full Court Finds ‘In Prescribed Circumstances’ Only Allows Narrow Construction

6th May 2021

In Fuchs Lubricants (Australasia) Pty Ltd v Quaker Chemical (Australasia) Pty Ltd 2021 FCAFC 65 the Full Court of the Federal Court (FCAFC) has allowed Fuchs’ appeal finding that Quaker’s standard and innovation patents were invalid on account of prior public disclosure.

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Launch Date of Eurasian Industrial Designs Announced

4th May 2021

From 1st June 2021 it will be possible to apply for a Eurasian Design, with applications able to be made either directly with the Eurasian Patent Office or through one of the member states.

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Incredible Claims Held to Lack Credibility

30th April 2021

The Court of Appeal for the Federal Circuit’s (CAFC) recent decision In Re Hu 19-2104 involved consideration of whether patent applications that violated currently established laws of physics were sufficiently enabled and whether the onus of establishing their unpatentability had been discharged.

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Invalidity Decision Against Lego’s Building Blocks Held to Not Stack Up

28th April 2021

In Lego AS v EUIPO T-515/19 the General Court upheld Lego’s appeal, finding that the EUIPO Boards of Appeal erred in considering whether Lego’s design application relating to a toy building block is invalid.

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Something More Than Parody Needed for Bad Faith

23rd April 2021

In Swatch AG v Apple Inc 2021 EWHC 719 a UK Judge has held that the Hearings Officer was wrong to find that Swatch’s trade mark application for a phrase used by Apple was made in bad faith on account of its potential parodic use.

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