EIP

AI is rapidly evolving, and the UK government is keen to balance innovation with copyright protection. EIP, in collaboration with Cripps, has submitted a joint response to the UK IPO’s AI and Copyright Consultation.   A big thank you to Ellen Keenan-O'Malley, Mark Lubbock, Heather McCann, and the 21 participants, for their invaluable contributions, and every contributor for their time and effort in helping us put together this consolidated response to the UK IPO’s Consultation on Copyright an AI. Francesca Rosella, Alex Press, Irfan Baluch, Philip Bilney, Laura Canham, Alexander W.T. Clarke, Ed Clayforth-Carr, James Dracott, Elliot Fry, Ryan Gez, Matthew Holman, Graham Jack, Clive Kelman, MSc A.I., Shazia Khan, Woody Lello, Ian Lindley, Nick Lynes Read more about our collaborative effort here - https://lnkd.in/e-9QZxji

Lionra fails in an infringement action against Cisco. UPC decides that patent is valid but not infringed. Nunzio Pucci reports - https://lnkd.in/eHqFYz5U

As we celebrate International Women's Day, we proudly introduce our incredible female Patent Scientists: Katie Clarke, Daisy Matthews, Simona Misakova, Iris Buckley, and Emily Owen. These inspiring women have shared their achievements, advice, drives, and opinions on STEM careers, highlighting why it is a brilliant career choice for aspiring young women.   Join us in celebrating today as we work together to build a more inclusive and equitable future for all at EIP 💜

Once again, our client Avanci has been successful. 🎉 The Court of Appeal today dismissed Tesla's appeal against the High Court's finding that Tesla's claim raised no serious issue to be tried. We are delighted to have worked alongside Avanci and Osborne Clarke in securing this outcome. Some key takeaways:   1. The majority judgments of Phillips and Whipple LJJ endorsed Avanci's position, finding that there was no basis, contractual or otherwise, to conduct a FRAND determination in relation to Avanci. 2. The contractual ETSI obligation does not mandate collective licensing. 3. Avanci did not assume SEP owners' ETSI obligations. 3. The Avanci 5G Vehicle Platform was endorsed as a commercial alternative to a bilateral FRAND licence that is "a convenient and highly beneficial way for a vast number of SEPs to be offered collectively to the car industry". 4. Tesla's attempt to invoke the representative action jurisdiction was not sustainable.   The judgment sets a clear line in the sand over the scope of the ETSI obligation and is a vindication of the rights of parties to devise creative SEP licensing solutions against the backstop of the right to seek a FRAND licence bilaterally.

I am pleased to share that our client Avanci has achieved another significant victory! The Court of Appeal has dismissed Tesla's appeal against the High Court's decision, confirming that Tesla's SEP licensing claim against Avanci raised no serious issue to be tried. It has been a pleasure working closely with Mark Taken, Jacob Song, and the entire team at Avanci, alongside our colleagues Arty Rajendra and Luke Maunder at Osborne Clarke, and our own Owen Waugh from EIP, to secure this outcome.

We are delighted to announce that our client, Pulpex, has successfully closed a £62m Series D investment round! This significant milestone will enable Pulpex to build its first commercial-scale manufacturing plant, creating the UK's first fibre bottle supply chain and driving decarbonisation of the packaging sector. EIP’s combined patent attorney and commercial IP team that advised Pulpex during the due diligence process were Rick Gordon-Brown, Paula Flutter, Mark Lubbock and Rob Barker. Read more here - https://lnkd.in/evzhvWYf

The March issue of our UPC Newsletter is now out and covering the latest decision summaries and filing statistics from the UPC. Read and subscribe to get notified of the next instalments. #UnifiedPatentCourt #UPC

Team EIP is off to #INTA2025 in sunny San Diego! And we have put our epic INTA team forward: Heather McCann, Magnus Hallin, Mark Lubbock, Paula Flutter, and Rob Barker. 📍 Mark your calendars, and reach out to them if you are planning on attending!

Join our team!    We have an exciting opportunity for a Patent Litigation Associate / Rechtsanwalt in our Düsseldorf office. Become part of our dynamic team and take on responsibility in complex patent litigation matters.    Find out more here - https://lnkd.in/eTNbb5C5

🚨 MIND THE GAP 🚨 I had a blast walking the boards with these gentlemen at Adobe's offices in #SanFrancisco last week. We covered a lot of ground over the course of the two hour session, not least: - divergence of copyright law going back to the 19th century (feel the Berne) - artistic style rights being pioneered in the #US - Fair Use for AI training, and the recent Thomson Reuters case - the legal status of gen AI training in the #EU and #UK - emerging tech to make gen AI models cough up their training data - the effect of DeepSeek AI on the economics of foundation AI - regulatory sabre rattling between the US and Europe - the weird world of copyright for computer-generated works Thanks to everyone who turned up or tuned in 🙏 Until next time, San Francisco ✈️ EIP Stobbs Adobe