Enforcement of Standard Essential Patents and Abuse of a Dominant Position – Zenith Chambers

Posted November 27th, 2014 in EC law, enforcement, injunctions, news, patents by sally

‘Advocate General Wathelet has delivered his opinion on a reference from the Regional Court of
Dusseldorf for a preliminary ruling on issues concerning the application of Article 102 TFEU to the
enforcement of standard essential patents (SEPs) using injunctions. The opinion, if followed by the
Court of Justice, will be important for future patent litigation and commercial negotiations over the
enforcement of SEPs.’

Full story

Zenith Chambers, 21st November 2014

Source: www.zenithchambers.co.uk

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Software patents – the lines of communication are no clearer – Technology Law Update

Posted November 19th, 2014 in appeals, computer programs, EC law, news, patents by sally

‘Patents for computer programmes are not patentable in Europe. That seems like a simple statement. But a recent high level decision shows that it is far from simple to apply.’

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Technology Law Update, 18th November 2014

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

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Software Patents – Lantana v The Comptroller – NIPC Law

Posted November 18th, 2014 in appeals, computer programs, intellectual property, news, patents by sally

‘Lantana Ltd. (“Lantana”) is a California company that offers communication cable services, telephone systems and services and computer and data network services mainly to customers in Southern California. One of the company’s employees invented a “method, systems, and computer program products for retrieving a file of machine readable data” for which Lantana applied for patents in the USA and around the world under the Patent Co-operation Treaty.’

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NIPC Law, 17th November 2014

Source: www.nipclaw.blogspot.co.uk

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Les Laboratoires Servier and another (Appellants) v Apotex Inc and Others (Respondents) – Supreme Court

Posted November 4th, 2014 in appeals, defences, ex turpi causa, law reports, medicines, patents, Supreme Court by sally

Les Laboratoires Servier and another (Appellants) v Apotex Inc and Others (Respondents) [2014] UKSC 55 (YouTube)

Supreme Court, 29th October 2014

Source: www.youtube.com/user/UKSupremeCourt

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Les Laboratoires Servier and another v Apotex Inc and others – WLR Daily

Posted October 31st, 2014 in damages, ex turpi causa, injunctions, law reports, patents, public interest by sally

Les Laboratoires Servier and another v Apotex Inc and others [2014] UKSC 55; [2014] WLR (D) 452

‘Although acts which constituted “turpitude” for the purposes of giving rise to the defence of ex turpi causa non oritur actio were not confined to criminal acts but included quasi criminal acts which engaged the public interest, civil wrongs which offended against private and not public interests did not give rise to the defence. Infringements of patent gave rise to private rights of a character no different from rights under contract or tort and there was no public policy which would give rise to a defence of ex turpi causa.’

WLR Daily, 29th October 2014

Source: www.iclr.co.uk

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Intellectual Property Act 2014: The New Law on Opinions – NIPC Law

Posted October 30th, 2014 in intellectual property, legislation, news, patents by sally

‘As I indicated in How the Intellectual Property Act 2014 changes British Patent Law JD Supra 21 June 2014 s.16 of the Intellectual Property Act 2014 amends s.74A and s.74B of the Patents Act 1977 and inserts three new subsections into s.73. The upshot as explained in paragraph 4 and paragraph 5 of the IPO’s guide Expansion of the Patent Opinions Service: business guidance is that the range of questions upon which an examiner’s opinion can be obtained has been expanded and the Comptroller now has power to revoke patents which are found to be invalid.’

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NIPC Law, 29th October 2014

Source: www.nipclaw.blogspot.co.uk

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Principle that profiteering from illegal acts should be prevented does not apply to patent infringements, rules Supreme Court – OUT-LAW.com

Posted October 30th, 2014 in appeals, damages, injunctions, medicines, news, patents, proceeds of crime, Supreme Court by sally

‘A legal principle designed to prevent businesses from profiteering from illegal acts does not apply if that profiteering would stem from infringing patent rights, the UK Supreme Court has ruled.’

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OUT-LAW.com, 30th October 2014

Source: www.out-law.com

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Appeal court shows its bottle – summary judgment on patent infringement – Technology Law Update

Posted October 20th, 2014 in appeals, expert witnesses, news, patents, summary judgments by sally

‘It is unusual for a patent infringement case to be decided without a full trial. A judge will normally want to hear evidence from experts to understand what people working in the relevant field would have known at the time when the patent was first filed. Recent examples of this kind of analysis can be found in Virgin v Rovi (discussed here) and Teva v AstraZeneca.’

Full story

Technology Law Update, 20th October 2014

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

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Speech by Lord Justice Jackson: Costs Law and Practice Conference – Judiciary of England and Wales

Posted October 1st, 2014 in civil justice, costs, patents, personal injuries, speeches by tracey

‘Keynote speech by Lord Justice Jackson at the Costs Law And Practice Conference on 30th September 2014.’

Full speech

Judiciary of England and Wales, 30th September 2014

Source: www.judiciary.gov.uk

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How October 1 will change your life – Daily Telegraph

‘As a number of new laws come into effect this week, we take a look at how your life will be affected.’

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Daily Telegraph, 1st October 2014

Source: www.telegrpah.co.uk

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The Intellectual Property Act 2014 (Commencement No. 3 and Transitional Provisions) Order 2014 – NIPC Law

Posted September 8th, 2014 in bills, copyright, damages, intellectual property, news, patents, trade marks by sally

‘On 14 May 2014 the Intellectual Property Bill received royal assent. The Act made some far reaching changes in patents, registered design and unregistered design right law which I summarized in “Reflections on the Intellectual Property Act 2014″ 7 June 2014 4-5 IP Tech and discussed in detail in “How the Intellectual Property Act 2014 changes British Patent Law” 21 June 2014 JD Supra, “How the Intellectual Property Act 2014 changes British Registered Design Law” 19 June 2014 JD Supra and “How the Intellectual Property Act 2014 will change British Unregistered Design Right Law” 11 June 2014 JD Supra 11 June 2014. On 28 Aug 2014 Lady Neville-Rolfe, Minister for Intellectual Property, signed The Intellectual Property Act 2014 (Commencement No. 3 and Transitional Provisions) Order 2014 which will bring many of the provisions of the Act into force.’

Full story

NIPC Law, 6th September 2014

Source: www.nipclaw.blogspot.co.uk

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Patents – Employees’ Compensation: Shanks v Unilever – NIPC Law

Posted July 3rd, 2014 in compensation, employment, inventions, news, patents by sally

‘S.39 (1) of the Patents Act 1977 provides:
“Notwithstanding anything in any rule of law, an invention made by an employee shall, as between him and his employer, be taken to belong to his employer for the purposes of this Act and all other purposes if –
(a) it was made in the course of the normal duties of the employee or in the course of duties falling outside his normal duties, but specifically assigned to him, and the circumstances in either case were such that an invention might reasonably be expected to result from the carrying out of his duties; or
(b) the invention was made in the course of the duties of the employee and, at the time of making the invention, because of the nature of his duties and the particular responsibilities arising from the nature of
his duties he had a special obligation to further the interests of the employer’s undertaking.”‘

Full story

NIPC Law, 2nd July 2014

Source: www.nipclaw.blogspot.co.uk

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Unified Patent Court Consultation – NIPC Law

Posted June 25th, 2014 in consultations, courts, news, patents by sally

‘As I said in How the Intellectual Property Act 2014 changes British Patent Law 21 June 2014 JD Supra, the most important provision of the Intellectual Property Act 2014 is s.17 which inserts a new s.88A into the Patents Act 1977. That section confers power on the Secretary of State to make provision in the UK for the Agreement on a Unified Patent Court.’

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NIPC Law, 25th June 2014

Source: www.nipclaw.blogspot.co.uk

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Shanks v Unilever plc and others (No 2) – WLR Daily

Posted June 5th, 2014 in benefits, employment, inventions, law reports, patents by sally

Shanks v Unilever plc and others (No 2) [2014] EWHC 1647 (Pat); [2014] WLR (D) 242

‘The time value of money received by an employer following the vesting of an invention by an employee was not a benefit derived by the employer for the purposes of section 41(1) of the Patents Act 1977.’

WLR Daily, 23rd May 2014

Source: www.iclr.co.uk

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Intellectual Property Act 2014

Posted May 15th, 2014 in intellectual property, legislation, patents by tracey

Intellectual Property Act 2014 published

Full text of Act

Source: www.legislation.gov.uk

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Intellectual property law – achieving a balance between the right to enforce and protecting innovation – Law Commission

‘Patents, trade marks and design rights are valuable intellectual property (IP) rights and vital to economic growth. They ensure that research and innovation is encouraged and rewarded. And, for some small businesses, they can represent their most significant assets. The law provides effective ways to enforce IP rights but these can be misused to drive competitors from the market. In a report published today, the Law Commission is recommending reforms that will allow individuals and businesses to protect their IP rights but not at the expense of new ideas and inventions.’

Full report

Law Commission, 15th April 2014

Source: www.justice.gov.uk/lawcommission

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Intellectual Property in the UK and Europe – Speech by Lord Neuberger

Posted April 14th, 2014 in EC law, intellectual property, news, patents, trade marks by sally

Intellectual Property in the UK and Europe (PDF)

Speech by Lord Neuberger

Burrell Lecture for the Competition Law, 1st April 2014

Source: www.supremecourt.uk

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Equitable Interests in Patents and Patent Applications – NIPC Law

Posted April 11th, 2014 in constructive trusts, equity, news, patents by sally

‘In Yeda Research and Development Company Ltd v. Rhone-Poulenc Rorer International Holdings Inc and Others [2007] Bus LR 1796, [2007] BusLR 1796, [2008] 1 All ER 425, [2007] UKHL 43 Lord Hoffmann described s.7 (2) and (3) of the Patents Act 1977 as “an exhaustive code for determining who is entitled to the grant of a patent.”‘

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NIPC Law, 10th April 2014

Source: www.nipclaw.blogspot.co.uk

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Delay to the operation of new unified patent court – OUT-LAW.com

Posted March 25th, 2014 in courts, delay, news, patents by sally

‘A new court system that is being set up to handle disputes about unitary patents may not be operational until 2016, the group established to deliver the new system has said.’

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OUT-LAW.com, 24th March 2014

Source: www.out-law.com

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SPCs – unhealthy combinations of new cases – Technology Law Update

Posted February 27th, 2014 in intellectual property, medicines, news, patents by sally

‘The Supplementary Protection Certificate. A marvellous little device for giving back to a patent owner the lost years during which it has been obtaining regulatory approval for its products in those heavily regulated areas: pharmaceuticals and plant protection products. You simply extend the patent by the number of years that the product has spent caught up in the approval process, and there you are. A gain of up to five valuable years on the end of your patent in the prime of the product’s life.’

Full story

Technology Law Update, 26th February 2014

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

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