Same cost recovery principles apply to patent cases as other types of litigation, says High Court – OUT-LAW.com

Posted November 4th, 2016 in costs, news, patents by tracey

‘The principles that govern when losers of patent disputes can recover costs from winners on particular issues in the case are the same as those that apply to other types of litigation, a High Court judge has said.’

Full story

OUT-LAW.com, 2nd November 2016

Source: wwww.out-law.com

Comments Off on Same cost recovery principles apply to patent cases as other types of litigation, says High Court – OUT-LAW.com

The dark art of copyright: trademark battles from Specsavers to Facebook – The Guardian

Posted August 22nd, 2016 in copyright, intellectual property, news, patents, trade marks by sally

‘Swimmer Ryan Lochte probably isn’t bothering anyone by trademarking ‘Jeah’, his bizarre victory scream – but can Specsavers really patent ‘should’ve’, or can Facebook own ‘face’ and ‘book’? The world of trademark law is murky indeed.’

Full story

The Guardian, 20th August 2016

Source: www.guardian.co.uk

Comments Off on The dark art of copyright: trademark battles from Specsavers to Facebook – The Guardian

A (brief) update on how the UK will deal with IP rights after Brexit – Technology Law Update

Posted August 8th, 2016 in copyright, EC law, enforcement, news, patents, referendums, trade marks by sally

‘The UK’s Intellectual Property Office has issued a briefing on the future for IP rights after Brexit. This gives IP owners some crumbs of comfort to innovative businesses, but little detail.’

Full story

Technology Law Update, 5th August 2016

Source: www.technology-law-blog.co.uk

Comments Off on A (brief) update on how the UK will deal with IP rights after Brexit – Technology Law Update

Cadbury UK Ltd v Comptroller General of Patents, Designs and Trade Marks (Societe Des Produits Nestle SA intervening) – WLR Daily

Cadbury UK Ltd v Comptroller General of Patents, Designs and Trade Marks (Societe Des Produits Nestle SA intervening) [2016] EWHC 1609 (Ch)

‘Where a party intervenes in an appeal from a decision of a hearing officer acting on behalf of the Comptroller General of Patents, Designs and Trade Marks, ordinary a costs order will not be made in the intervener’s favour. The court will only consider departing from its ordinary position if it is satisfied that (1) the intervener’s position was successful, (2) its submission added value to the hearing, and (3) it had not duplicated the respondent’s submissions (paras 10, 12).’

WLR Daily, 7th July 2016

Source: www.iclr.co.uk

Comments Off on Cadbury UK Ltd v Comptroller General of Patents, Designs and Trade Marks (Societe Des Produits Nestle SA intervening) – WLR Daily

The UK is leaving – what will it mean for technology and life science businesses? – Technology Law Blog

‘After yesterday’s leave vote, the UK government will need to start the process of disentangling the country from the EU. Formal steps to trigger withdrawal under Article 50 of the EU Treaty are currently expected to await Prime Minister David Cameron’s replacement in the coming months, although informal negotiations may begin sooner. What will be the legal impact for innovative businesses?’

Full story

Technology Law Blog, 24th June 2016

Source: www.technology-law-blog.co.uk

Comments Off on The UK is leaving – what will it mean for technology and life science businesses? – Technology Law Blog

Teach that judge a lesson – Technology Law Update

Posted May 4th, 2016 in expert witnesses, intellectual property, judges, judiciary, news, patents by tracey

‘Patent litigation in the English courts can be a bit of a see-saw, with experts from either side weighing in with their own perspective on technical matters. The judge must then make a choice between their views and come up with what he or she feels is the right answer.’

Full story

Technology Law Update, 4th May 2016

Source: www.technology-law-blog.co.uk

Comments Off on Teach that judge a lesson – Technology Law Update

A case of missing protection – sympathy for Trunki designer but no damages – Technology Law Update

Posted March 18th, 2016 in EC law, news, patents by tracey

‘Last week the UK The Supreme Court ruled against the designer of the award-winning Trunki children’s suitcase. PMS International Group’s competing product, the Kiddee Case, does not infringe Magmatic’s registered design rights.’

Full story

Technology Law Update, 15th March 2016

Source: www.technology-law-blog.co.uk

Comments Off on A case of missing protection – sympathy for Trunki designer but no damages – Technology Law Update

The UPC – free opt-outs and UK alignment – Technology Law Update

Posted March 14th, 2016 in costs, EC law, fees, intellectual property, news, patents by sally

‘Europe’s new unitary patent is still on track, with a start date in spring 2017 now viewed as likely. Among the ongoing business of the Unified Patent Court’s Preparatory Committee a final publication on court fees and recoverable costs has recently been issued.’

Full story

Technology Law Update, 11th March 2016

Source: www.technology-law-blog.co.uk

Comments Off on The UPC – free opt-outs and UK alignment – Technology Law Update

UK likely to ratify Unified Patent Court after EU referendum – OUT-LAW.com

Posted February 25th, 2016 in courts, intellectual property, international courts, news, patents, referendums by sally

‘UK law makers are not likely to ratify the creation of a new Unified Patent Court (UPC) until after the UK public votes on whether the country should remain a member of the EU, the UK government has confirmed.’

Full story

OUT-LAW.com, 24th February 2016

Source: www.out-law.com

Comments Off on UK likely to ratify Unified Patent Court after EU referendum – OUT-LAW.com

The Unified Patent Court’s approach to interim injunctions will influence businesses’ patent strategies in Europe, say experts – OUT-LAW.com

‘The ease with which businesses will be able to win interim injunctions to defend against rivals’ infringements of their patents will be influential in determining whether companies engage with the new Unified Patent Court (UPC).’

Full story

OUT-LAW.com, 22nd February 2016

Source: www.out-law.com

Comments Off on The Unified Patent Court’s approach to interim injunctions will influence businesses’ patent strategies in Europe, say experts – OUT-LAW.com

Implementing the Unitary Patent in the UK – NIPC Law

Posted February 22nd, 2016 in consultations, EC law, intellectual property, news, patents by sally

‘Whatever happens on 23 June 2016 HMG will have to make rules to implement the Agreement on a Unified Patent Court in the United Kingdom. The reason I say that is that the Agreement comes into force after 13 countries, including France, Germany and the UK, ratify the Agreement. Nine countries including France have already done so (see the European Council’s website). Parliament has enacted primary legislation to enable the Secretary of State to give effect to the Agreement in the UK by order in council (see S,17 of the Intellectual Property Act 2014 inserting a new s.88A and s.88B into the Patents Act 1977). As it would take time to negotiate an exit agreement under art 50 (2) of the Treaty on European Union the Agreement will almost certainly come into force while the UK is still an EU member. There would have to be some sort of secondary legislation at least for the time in which the UK remains a party to the UPC Agreement.’

Full story

NIPC Law, 22nd February 2016

Source: www.nipclaw.blogspot.co.uk

Comments Off on Implementing the Unitary Patent in the UK – NIPC Law

UK to push ahead with reforms to rules on unjustified threats on intellectual property rights – OUT-LAW.com

Posted February 1st, 2016 in consultations, copyright, intellectual property, news, patents, trade marks by tracey

‘The UK government is to legislate to bring greater consistency to laws concerning the communications intellectual property (IP) rights holders send to alleged infringers of their rights.’

Full story

OUT-LAW.com, 1st February 2016

Source: www.out-law.com

Comments Off on UK to push ahead with reforms to rules on unjustified threats on intellectual property rights – OUT-LAW.com

UK legislates to support ratification of Unified Patent Court reforms – OUT-LAW.com

Posted January 22nd, 2016 in courts, EC law, news, patents, regulations by sally

‘The UK government has prepared legislation to give effect to EU legislation on the unitary patent and to the Agreement on the Unified Patent Court (UPC), which backs the creation of a new UPC for resolving disputes over new unitary patents.’

Full story

OUT-LAW.com, 21st January 2016

Source: www.out-law.com

Comments Off on UK legislates to support ratification of Unified Patent Court reforms – OUT-LAW.com

Innovative start-ups and the importance of getting the paperwork right – Technology Law Update

Posted January 15th, 2016 in assignment, contracts, law firms, negligence, news, patents by sally

‘A dispute over an unsuccessful start-up turns messy, but clears up a point of confusion over patent assignments.’

Full story

Technology Law Update, 14th January 2016

Source: www.technology-law-blog.co.uk

Comments Off on Innovative start-ups and the importance of getting the paperwork right – Technology Law Update

The Importance of Keeping Promises: Warner-Lambert Company LLC v Sandoz GmbH and Others – NIPC Law

Posted December 15th, 2015 in appeals, medicines, news, patents, restraining orders by sally

‘In Swiss Style Claims: Warner-Lambert Companv Actavis 25 Jan 2015 I explained that Warner-Lambert LLC had a patent for a drug called pregabalin for treating epilepsy and GAD (generalized anxiety disorder). That patent expired in 2013 although the monopoly was extended for a short time by a supplementary protection certificate which has now lapsed. Warner-Lambert discovered a new use for pregabalin in the treatment of neuropathic pain for which it was granted a new patent. Actavis sought the revocation of the new patent on grounds of obviousness and insufficiency and applied for permission to market pregabalin for the treatment of epilepsy and GAD. The case that I discussed in my case note was an unsuccessful attempt by Warner-Lambert to impose conditions on the sale of pregabilin in the UK (see Warner -Lambert Company, LLC v Actavis Group Ptc EHF and others [2015] EWHC 72 (Pat)).’

Full story

NIPC Law, 9th December 2015

Source: www.nipclaw.blogspot.co.uk

Comments Off on The Importance of Keeping Promises: Warner-Lambert Company LLC v Sandoz GmbH and Others – NIPC Law

Practice Statement: Listing of Cases for Trial in the Patents Court – Courts and Tribunals Judiciary

Posted December 11th, 2015 in lists, news, patents, practice directions by tracey

‘The Patents Court endeavours bring patent cases on for trial where possible within 12 months of the claim being issued. To this end, the following procedure will be adopted.’

Full statement

Courts and Tribunals Judiciary, 10th December 2015

Source: www.judiciary.gov.uk

Comments Off on Practice Statement: Listing of Cases for Trial in the Patents Court – Courts and Tribunals Judiciary

Prior disclosures do not undermine patent filings made on the same day, rules High Court – OUT-LAW.com

Posted December 2nd, 2015 in disclosure, news, patents, time limits by sally

‘Disclosure of information relevant to an invention does not mean the invention cannot be patented as long as the patent application is filed later the same day, the High Court has ruled.’

Full story

OUT-LAW.com, 1st December 2015

Source: www.out-law.com

Comments Off on Prior disclosures do not undermine patent filings made on the same day, rules High Court – OUT-LAW.com

Civil Restraint Orders in IPEC: Perry v Brundle – NIPC Law

‘This case note discusses the power of a judge of the Intellectual Property Enterprise Court to make an extended civil restraint order under para 3.2 (1) (b).’

Full story

NIPC Law, 12th Ocotber 2015

Source: www.nipclaw.blogspot.co.uk

Comments Off on Civil Restraint Orders in IPEC: Perry v Brundle – NIPC Law

The Pregabalin Trial: Generics (UK) Ltd v Warner-Lambert Company LLC – NIPC Law

Posted September 22nd, 2015 in injunctions, medicines, news, patents by sally

‘According to drugs.com, pregabalin is an anti-epileptic drug which works by slowing down impulses in the brain that cause seizures. A European patent for the drug was granted to Warner-Lambert Co, LLC (“Warner-Lambert”)(now a subsidiary of Pfizer Inc.) under EP number 0 641 330. That patent expired on 17 May 2013 but was extended by a supplementary protection certificate (“SPC”) until 17 May 2018. That SPC was allowed to lapse on 14 Oct 2013 and Warner-Lambert’s data exclusivity in respect of the data used to obtain the marketing authorisation for prehabalin expired on 8 July 2014. Since then anybody has been free to make, import or sell pregabalin for treating epilepsy and generalized anxiety disorder in the United Kingdom and several companies including some of the parties to these proceedings have done just that.’

Full story

NIPC Law, 18th September 2015

Source: www.nipclaw.blogspot.co.uk

Comments Off on The Pregabalin Trial: Generics (UK) Ltd v Warner-Lambert Company LLC – NIPC Law

Salt in the wound. How precise words in patent claims can be misleading – Technology Law Update

Posted July 3rd, 2015 in medicines, news, patents by tracey

‘Patents are powerful tools, but they only bite on the materials or methods described in their claims. Or do they? Two recent appeal decisions show that the monopoly owned by a patent-holder can spill out over the edges of the claims, making life uncertain for those trying to steer a way around them.’

Full story

Technology Law Update, 3rd July 2015

Source: www.technology-law-blog.co.uk

Comments Off on Salt in the wound. How precise words in patent claims can be misleading – Technology Law Update