My professional and other publications will be added here.<\/p>\n
I have published a number of Current Intelligence and other articles – and even a Guest Editorial – in the Journal of Intellectual Property Law and Practice, published by OUP. \u00a0I was also privileged to be on the original editorial board of the journal, which means that\u00a0I have a lovely collection at home of the first few years of this journal. \u00a0I rejoined the editorial board<\/a> in 2013. \u00a0Incidentally, JIPLP has its own blog<\/a>, featuring editorials and some of the articles.<\/p>\n A Principle of General Application \u2013 read about it here<\/a>.<\/p>\n Lions in the path or paper tigers? \u2013 read about it here<\/a>.<\/p>\n (Another article about the same case was published by the Controlled Release Society \u2013 read about it here<\/a>.)<\/p>\n Samsung v Apple \u2013 How does the judge become an \u201cInformed User\u201d? \u2013 read about it here <\/a><\/p>\n (Another article about the same case was published in World Trademark Review Daily \u2013 read about it here<\/a>.)<\/p>\n When must a patent be plausible? – read about it here<\/a>.<\/p>\n Wounded patent survives – read about it here<\/a>.<\/p>\n How is the scope of protection of a registered Community design to be determined?<\/p>\n and<\/p>\n Publicity orders in intellectual property cases\u2014When are they granted and how must a party comply?<\/p>\n – read about both articles (relating to the Apple v Samsung appeal)\u00a0here<\/a>.<\/p>\n Routine rejection: Is the EPO’s approach to antibody and polymorph claims correct, balanced and justified? – read about it here<\/a>. (This is a longer article co-authored with Stephen Ingham.)<\/p>\n A brighter future for consumable suppliers? (co-authored with Paula Flutter) – read about it here<\/a>.<\/p>\n Insufficiency finally upheld as ground for invalidity of antibody claim – read about it here<\/a>.<\/p>\n Should non-specialist judges decide patent law cases? – read about it here<\/a>. \u00a0(This is a lengthy and somewhat polemical article).<\/p>\n Can springboard injunctions be awarded in respect of non-infringing acts? – read about it here<\/a>.<\/p>\n Two gaps instead of one: the CJEU’s effect on Supplementary Protection Certificate jurisprudence\u00a0– read it here<\/a>. (Guest editorial)<\/p>\n \u00a0<\/span><\/p>\n My first publication after I joined EIP was in Chemistry World<\/a>, the magazine published by the Royal Society of Chemistry<\/a>, and concerned the Unitary Patent.\u00a0 You can read about that article here<\/a>.<\/p>\n Compulsory licences: necessity or threat? –\u00a0read about it here<\/a>.<\/p>\n We need to talk about Nagoya\u00a0– read it here<\/a>.<\/p>\n <\/p>\n In the first half of 2012, I was a guest blogger on the IPKat <\/a>website.\u00a0 Below are links to all of the posts, in reverse chronological order.\u00a0 I am am very grateful to Jeremy and all past and present members of the IPKat team for their kindness, support and encouragement.\u00a0 Without that, I probably would not have been moved to start this blog.\u00a0 Jeremy in particular was generous enough to teach a complete novice how to navigate blogging software.<\/p>\n Putting the fizz into fuzz and debunking Derrida \u2014 or how to be nice to patent claims\u00a0<\/a><\/p>\n Breaking news: glatiramer acetate patent valid and infringed<\/a><\/p>\n A scoop from a spook? No, it\u2019s victory for Samsung over Apple<\/a><\/p>\n \u00a0Farewell, and a final review of EPO Board of Appeal Decisions<\/a><\/p>\n Japanese practice changes in relation to \u201csub-combination inventions\u201d<\/a><\/p>\n Observing Samsung v Apple at the High Court<\/a><\/p>\n Wounded patent survives \u2013 Smith & Nephew v Convatec Technologies<\/a><\/p>\n Apple v Samsung \u2013 The Trial\u00a0<\/a><\/p>\n \u00a0Does patenting alienate customers? 23andme gets first US patent.<\/a><\/p>\n Reflections on Apple v Samsung<\/a><\/p>\n \u00a0Wasting the time of the Enlarged Board of Appeal? G1\/12<\/a><\/p>\n \u00a0How many EBA Referrals does it take to patent (or not) a tomato?<\/a><\/p>\n In A Galaxy Far Far Away \u2013 More on Samsung v Apple<\/a><\/p>\n Nokia v IPCom \u2013 still not over\u2026<\/a><\/p>\n \u00a0IPAN Celebrates World IP Day 2012 at the House of Commons<\/a><\/p>\n Heartache in Alicante \u2013 Find out what OHIM refuses\u00a0<\/a><\/p>\n \u00a0Sanofi Aventis Taxotere Patents invalidated by CAFC<\/a><\/p>\n Battle of the Tablets hits the UK \u2013 Samsung seeks declaration of non-infringement of Apple Registered Community Design\u00a0<\/a><\/p>\n CJEU declares Poland\u2019s law on cheap drugs contrary to EU Law<\/a><\/p>\n \u00a0VEGF Trap Eye Trapped by Genentech Patent \u2013 Regeneron & Bayer unsuccessful<\/a><\/p>\n Teva Tigers v Astrazeneca Lions \u2013 obvious to sustain\u2026?<\/a><\/p>\n The Guidelines to go with the Handbook \u2013 EPO Publishes new Guidelines for Examination<\/a><\/p>\n What limitations does TRIPS put on compulsory licensing?<\/a><\/p>\n The First, but of how many? India grants compulsory licence for Bayer drug Sorafenib<\/a><\/p>\n The Cost of Knowledge<\/a><\/p>\n What have the EPO Boards of Appeal been up to? Round-up of recent cases<\/a><\/p>\n Patent Translate \u2013 EPO and Google launch new service<\/a><\/p>\n \u00a0Rare Diseases \u2013 are there sufficient incentives to develop treatments?<\/a><\/p>\n What lovely melons \u2013 and the EPO wants you to know about them<\/a><\/p>\n More hacked off? Mulcaire given leave to appeal<\/a><\/p>\n \u00a0Public interest beats patentee\u2019s right to injunction<\/a><\/p>\n No self incrimination privilege for phone hacking\u00a0<\/a><\/p>\n What is obvious \u2013 the route or the destination?<\/a><\/p>\n Catalogue of Interest: Spot the Difference<\/a><\/p>\n \u00a0What\u2019s the use of contraception? Don\u2019t ask the EPO \u2026<\/a><\/p>\n My joining is announced<\/a>.<\/p>\n <\/p>\n At the beginning of 2013 I rejoined the IPKat as a permanent member.<\/p>\n Wounded patent endures further – Smith & Nephew v Convatec Technologies<\/a><\/p>\n \u201cThere is no material difference between Joy and Glee\u201d – His Honour Judge Birss decides another design case <\/a><\/p>\n Innocents Abroad – Negative Equity for smoothie makers at OHIM <\/a> Regeneron\/Bayer v Genentech in Court of Appeal – first instance decision affirmed <\/a><\/p>\n Sir Robin Jacob acts as expert witness for Samsung against Ericsson in the USA<\/a><\/p>\n Yet More on the Unitary Patent – is there too much prior art?<\/a><\/p>\n Novartis fails the priority test – more patents fall <\/a><\/p>\n Everything you ever wanted to know about Community Design law but were afraid to ask<\/a><\/p>\n Harmonisation by the back door – what will the Unified Patent Court Agreement do to the law of patent infringement?<\/a><\/p>\n The Cheshire Cat design – use of dotted lines in representations <\/a><\/p>\n Double Jeopardy for H Lundbeck – Escitalopram SPC back in Court and no speedy Resolution <\/a><\/p>\n Poisonous priority \u2013 how many ways can a patent be toxic? <\/a><\/p>\n The IPKat in despair – What is to be done when senior courts don’t understand novelty? <\/a><\/p>\n The IPKat gets Spicy – more detail on the Indian Supreme Court Glivec Decision <\/a><\/p>\n Quibbling over minutiae?\u00a0 Or has something been overlooked? Concerns over UK implementation of the UPC Agreement and Unitary Patent <\/a><\/p>\n Doctrine of Equivalents and Prosecution History Estoppel in Sweden, Who Knew? <\/a> US Patent Litigation Study – Facts and Analysis at your paws… <\/a><\/p>\n Feline Felicity – Consultation on Draft Rules of Procedure for the Unified Patent Court<\/a><\/p>\n Alzheimer’s Disease Antibody Patent Insufficient – Lilly v JAI <\/a><\/p>\n More on US patent litigation statistics – correlation with granted patents OHIM finally moves on invalidity of Apple designs for tablet computers No Searches on Excluded Matter- the UKIPO Dig Their Claws In<\/a><\/p>\n Apple’s Cool design registration not invalid according to OHIM<\/a><\/p>\n Stay or Split? – the Legal Board decides<\/a><\/p>\n To stay or not to stay, that is the question<\/a><\/p>\n Yet more on Unified Patent Court plans – Delight and Disappointment<\/a><\/p>\n New Patents Act in New Zealand<\/a><\/p>\n Where can I buy a technical effect? EPO BoA Decision T1670\/07 UPC Rules of Procedure Consultation Event London\u00a0<\/a><\/p>\n New generic Top Level Domains \u2013 who registers them and why? Should I register my trade marks with the Trademark Clearinghouse? I think (I’m a company), therefore I am? EPO Enlarged Board seeks comments on resuscitated companies The UPC and what it means for your practice – AIPPI UK Event Report How are your Threats? Report from Law Commission on the Consultation<\/a><\/p>\n Broccoli to go with your Tomatoes – EBA invites statements in referral G2\/13<\/a><\/p>\n More on the Unitary Patent – Two Misconceptions and One Uncertainty<\/a><\/p>\n Who wants to be a UPC judge? Shout now if you do!<\/a><\/p>\n Who can be a UPC judge? Thoughts from a UK Patent Attorney perspective<\/a><\/p>\n Trade Mark or Design? Pottery case from the Korean Supreme Court First Decision by an Enterprise Judge to hit BAILII – IPEC in Action!<\/a><\/p>\n BREAKING NEWS – EPO set to restore sanity to divisional applications<\/a><\/p>\n The UPC – Opt-out dangers: lessons from limitation; dual jurisdiction complexities<\/a><\/p>\n Nokia’s rights not exhausted – and neither is the IPKat<\/a><\/p>\n Debate – Should the UK have criminal penalties for design infringement?<\/a><\/p>\n More on Clause 13 – should copying of registered and\/or unregistered designs be criminal?<\/a><\/p>\n The Court of Appeal on Recusal – just in time to be too late<\/a><\/p>\n A closer look at whether to Stay, and whether to heed the Supreme Court<\/a><\/p>\n Unified Patents Court – One Hurdle Cleared; Many more to go…<\/a><\/p>\n EU Implementation of the Nagoya Protocol – Heading to Catastrophe or Catastrophe averted?<\/a><\/p>\n Readers’ comments on the Nagoya Protocol<\/a><\/p>\n Nagoya Protocol III – the Traditional Knowledge Paradigm<\/a><\/p>\n How to amend before the EPO Messaging patent still invalid – Court of Appeal upholds Arnold J<\/a><\/p>\n The wounded patent survived, was only just infringed, but no injunction<\/a><\/p>\n Birss issues hosepipe ban (despite current flooding) – Blue Gentian prevails over Tristar<\/a><\/p>\n Update on Regulation Implementing Nagoya – result of Trilogue<\/a><\/p>\n IPReg Proposal to Reform UK Patent Attorney Qualification Procedure – CIPA President disagrees<\/a><\/p>\n A hideously deformed chimera that not even its mother could love – Nagoya V<\/a><\/p>\n Amendments to the IP Bill at second reading just published<\/a><\/p>\n Rights of UK patent attorneys to Practise before the Unified Patent Court – CIPA\/IPO Open Meeting<\/a><\/p>\n Katsandra Speaks Out – Nagoya Part VII<\/a><\/p>\nChemistry World<\/h3>\n
The IPKat<\/h3>\n
\nCo-authored with Simon Stanes<\/p>\n
\nGuest post by Peter Kenamets<\/p>\n
\n<\/a>Guest post\u00a0<\/span>from Emeritus Kat Mark Schweizer<\/span><\/p>\n
\n<\/a>Co-authored with Gemma Wooden<\/span><\/p>\n
\n<\/a>Co-authored with\u00a0<\/span>Sam Town and Paul Beynon<\/span><\/p>\n
\n<\/a>Guest post\u00a0from Emeritus Kat Mark Schweizer<\/span><\/p>\n
\n<\/a>Guest post\u00a0from Emeritus Kat Mark Schweizer<\/span><\/p>\n
\n<\/a>Co-authored with Paul Beynon<\/span><\/p>\n
\n<\/a>Guest post by Christina Flanagan of Freshfields<\/span>\u00a0<\/span><\/p>\n
\n<\/a>Guest post by Mr K.J. Park of BOOK CHON<\/span><\/p>\n
\n<\/a>Guest post by Derk Visser<\/span><\/p>\n