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Smoke Without Fire - British American Tobacco’s “heat not burn” products found not to infringe two of Philip Morris International’s patents
Nicoventures Trading Limited v Philip Morris Products SA & Anor [2023] EWHC 854 (Pat) Another judgment has recently been handed down in the ongoing global dispute between tobacco giants British American Tobacco (“BAT”) and Philip Morri...
European Commission Proposals on Data Exclusivity and the Bolar Exemption
On 26 April, the European Commission published proposed legislation (specifically a new Regulation and a new Directive) aimed at reforming EU legislation in relation to pharmaceuticals. These proposals, if adopted, will affect pharmaceutical regulation...
Software developer found to have copied former employer's code despite using different programming language and deleting the original source code
Background The claimants are two companies (“PQ”) that produced quality assurance software, in particular statistical process control (“SPC”) software and gauge management software. The first, PQ Systems Europe Ltd (“PQE&...
A Tale of Two Dragons
Fay Evans v John Lewis PLC & Anor [2023] EWHC 766 (IPEC) Judgment has recently been handed down in the copyright dispute between Fay Evans, and John Lewis and its advertising agency over John Lewis’ 2019 Christmas advert, which featured a yo...
Patenting in the Space Sector
A look at the important role patents can play in the success of businesses in the UK space sector, and beyond. The Space Sector is Growing The UK space sector is worth over £17.5 billion per year and is growing faster than the rest of the UK ec...
Court of Appeal ends anticipation for InterDigital’s 3G Standard Essential Patent by revisiting claim construction
This Update deals with an interesting determination of the Court of Appeal before Lord Justices Lewison, Asplin, and Arnold where they overturned a finding of anticipation (lack of novelty) made by Justice Mellor in the High Court. The Patent The app...
Not one for the “gram” – Instagram’s attempt to “swipe” away potentially similar trade mark name
Background The appellant ("Instagram") appeals against a decision (“the Decision”) of George Salthouse, a hearing officer of the UK Intellectual Property Office (the "Hearing Officer"). The Hearing Officer allowed the word mark "Soundgram"...
Director’s Liability Caught in a Tangle in Toy Making Feud in UK High Court
In Tangle Inc (“Tangle”) and One for Fun Ltd (“One for Fun”), Mr David Stone (sitting as Deputy High Court Judge) had to consider the liability of three directors from One for Fun as joint tortfeasors to the First Defendant (One...
InterDigital v Lenovo [2023] EWCA Civ 34
Background At first instance, His Honour Justice Hacon found EP 2 485 558 valid and essential to LTE. Lenovo were granted permission to appeal by Lord Justice Arnold against a finding of inventive step over a Samsung document submitted during the stan...
Oxford University Innovation Limited v Oxford Nanoimaging Limited – a tale of pies and slices
Summary In a very long and detailed judgment, Daniel Alexander KC, sitting as a High Court judge, examined a number of issues relating to successful inventions arising out of research work carried out by an individual who was at the relevant times a r...
Court of Appeal rules that there is no territorial restriction on damages for infringement of a UK patent
Anan Kasei Co. Limited & Anor v Neo Chemicals & Oxides (Europe) Limited [2023] EWCA Civ 11 The Court of Appeal has recently delivered judgment dismissing the Claimants’ appeal in the long-running Anan Kasei Co. Limited & Anor v Neo C...
Stepping through Alice’s looking glass: Sir Anthony Mann considers the purpose of DNI actions and unlikely payments of renewal fees
Lisa Dräxlmaier GmbH v BOS GmbH & Co KG [2022] EWHC 2823 (Pat) Background The claimant (Dräxlmaier) sought a declaration of non-infringement under s.71 of the Patents Act (s.71 DNI Proceedings) against the patentee (BOS) on the EU pate...
Court of Appeal refuses Arrow declaratory relief for Teva in a stand against forum shopping and jurisdictional overreach
Teva v Novartis [2022] EWCA Civ 1617 The fingolimod saga continues between Teva and Novartis. In a hearing dated 28 November 2022 before Arnold, Nugee, and Floyd LLJ, Teva appealed the decision of Bacon J in Teva v Novartis [2022] EWHC 2779 refusing t...
Vernacare Limited v Moulded Fibre Products Limited [2022] EWHC 2197 (IPEC)
Background The Claimant, Vernacare Limited (“Vernacare”), and the Defendant, Moulded Fibre Products Limited (“MFP”), both manufacture and sell washbowls, which are made from moulded paper pulp as used in hospitals, care homes a...
Novartis overloaded with reasons its iron overload treatment Exjade is obvious and not infringed by Teva
Teva v Novartis [2022] EWHC 2847 (Pat) In another patent revocation and infringement counterclaim action between Teva and Novartis, in this instance involving a swallowable tablet version of Novartis’s “Exjade®” used to treat blo...
Banksy isn’t monkeying around when it comes to EU trade marks
Background Pest Control Office Limited (the “EUTM proprietor”), on behalf of Banksy, sought to register the figurative mark of a monkey wearing a sign (figure 1) in a number of categories, including games, clothing and education. The mark ...
Kigen v Thales: Can an implementer bring a stand-alone claim for FRAND determination?
Background Kigen (UK) Limited is a company which produces software relating to eSIM and iSIMs technology. Thales Dis France SA (also known as Gemalto SA) is a manufacturer of electronic systems and equipment for various sectors. As part of its busines...
AU VODKA LIMITED v NE10 VODKA LIMITED & LEON HOGAN
Heard by Mr Justice Mellor on 16 September 2022 AU Vodka Ltd v NE10 Vodka Ltd & Anor [2022] EWHC 2371 (Ch) (21 September 2022) (bailii.org) Article written by Alona Andrieieva, qualified Ukrainian patent and trade mark attorney, now research asso...
The Concept of “Technical Character” becomes increasingly relevant for healthcare patents – Lessons from Recent EPO BoA Decisions
As patent attorneys practicing in the healthcare sector, we are encountering more and more inventions which straddle the life and computer science fields. AI and smart technologies are now a central feature in many medical technologies. In claims inco...