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Balancing Expertise: Mellor J's Ruling on Scientific Advisers vs. Expert Evidence
Hill v Touchlight Genetics Ltd & Ors [2024] EWHC 533 (Pat) (08 March 2024) Summary This judgment concerns a novel issue in the Patents Court which arose at the second CMC in this action, regarding whether the Court should appoint a scientific a...
Design Piracy or Functional Necessity: Court Rules on Breast Pump Battle in Chiaro Technology Limited v Mayborn (UK) Limited
The Claimant, Chiaro Technology Limited (“Chiaro”), is the owner of a number of registered designs of which several are incorporated into its product the ‘Elvie’, a wearable breast pump. Chiaro alleged that the Defendant, Maybor...
Expert’s Attempt to Swot-up in Patent Dispute is Insufficient to Comply with Court Requirements in Sycurio v PCI-PAL
PCI-Pal succeeded in the High Court of England & Wales in its patent dispute with Sycurio. Sycurio’s patent was found invalid for obviousness. But even if Sycurio’s patent had been found valid, there would have been no finding of infrin...
Remember to seriously consider Part 36 Offers!
Background This is a judgment on costs for a probate case, where the case law for analysing whether a communication should be considered ‘without prejudice’ was discussed. This was then followed up with the application of CPR Part 36. T...
Parties and their lawyers will have to reveal how the sausage is made.
Cook UK Limited v Boston Scientific Limited & Ors [2023] EWHC 2163 (Pat) A little over two years ago a new practice direction, called PD57AC, was issued regarding the preparation of witness statements for trial in the Business and Property Courts...
Cheers and confusion: General Court agrees that STONE and STONES are one and the same
This article first appeared in WTR Daily, part of World Trademark Review, in July 2023. For further information, please go to www.worldtrademarkreview.com. The EUIPO upheld Molson Coors’ opposition against STONE BREWING in Class 32 based on e...
Mr Justice Zacaroli shines a light on claim construction in patent dispute for glass lamps
Heraeus Noblelight Ltd v First Light Lamps Ltd [2023] EWHC 1950 (Pat) (31 July 2023) Summary This case revolves around a patent infringement dispute between two specialist lamp manufacturers, Hereaus Noblelight Limited ("Hereaus") and First Light L...
Unnamed inventors can benefit from s.40 employee compensation, but only if you get there in time
Parsons v Convatec [2023] EWHC 1535 (Pat) Background In this judgment of Mr Justice Zacaroli in the Patents Court, it was held that s.40 of the Patents Act 1977 did not require the inventor, Dr Parsons, to be named as inventor in the patent in orde...
High Court maintains status quo on SPCs: Combination patent cannot get extension using Marketing Authorisation of single active agent
Introduction Newron Pharmaceuticals SPA (patentee) appealed a decision of the Comptroller General of Patents to refuse its Supplementary Protection Certificate (SPC) application on the ground that it did not meet the requirements of Article 3(b) of t...
No Leg to Stand On: Claimant left out of pocket as hopeless case fails to establish design for cargo trousers is original or infringed
KF Global Brands Ltd v Lead Wear Ltd & Ors [2023] EWHC Introduction This case concerned allegations of infringement of UK unregistered design rights (UKUDR) which were claimed to subsist in the design of the Claimant’s BKS-001 cargo trous...
Advanced Bionics v Med-El – Court of Appeal upholds invalidity of patent
This case concerns European Patent EP 3138605, relating to a cochlear implant, modified to allow the wearer to undergo MRI scanning. A cochlear implant is a small electronic device that assists a person who is profoundly deaf to perceive sound, and is ...
Sandoz v BMS – Court of Appeal grapples with plausibility again
Sandoz Limited v Bristol-Myers Squibb Holdings Ireland Unlimited Company; Teva Pharmaceuticals Industries Limited v Myers Squibb Holdings Ireland Unlimited Company [2023] EWCA Civ 472 The Supreme Court in Warner-Lambert v Actavis confirmed the princi...
Preserving the strict deadline of urgency in patent preliminary injunction proceedings
A discussion of: Regional Court Düsseldorf, Judgement of December 15, 2022 – 4 a O 91/22, „Solarzelle II“ (German language source: link) Regional Court Munich I, Order of July 20, 2022 – 7 O 6982/22, „Bor...
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 Morr...
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...
EU Commission proposes EU-wide compulsory licences for the first time
Compulsory licences are a feature of patent law across Europe. They are a recognition that there are some circumstances in which the public interest can over-ride the rights of patentees. While the basic principle is not controversial, there is conside...
Late Change to Commission SEP Proposal Suggests Flawed Process
The European Commission today published it’s Proposal for a Regulation on Standard Essential Patents (COM(2023) 232 final 2023/0133 (COD)). An initial and amended version had both been leaked shortly before publication, and so the content was not...
EU Commission Announces Major Reforms to Supplementary Protection Certificates
The EU Commission has announced a series of related proposals that will dramatically change the way in which most SPCs are obtained in Europe. Although SPCs are creatures of EU law, they are currently obtained nationally – once a marketing autho...
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...
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...