Construction of Terms in Cross-Licensing Agreements: Koninklijke Philips N.V. v Asustek Computer Incorporation and Others – NIPC Law

‘In FRAND 8 Oct 2017 I discussed the terms upon which patents for inventions that are essential to a standard are licensed. I noted that courts around the world had held that those terms should be fair, reasonable and non-discriminatory – in other words, FRAND. The Court of Appeal’s decision in Koninklijke Philips N.V. v Asustek Computer Incorporation and Others [2017] EWCA Civ 1526 (11 Oct 2017) concerned the construction of a clause licensing such patents. It is important to note, however, that none of the judges who heard the appeal mentioned the acronym, FRAND, and it appeared only twice in the judgment of the trial judge.’

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NIPC Law, 13th October 2017

Source: nipclaw.blogspot.co.uk

FRAND – NIPC Law

Posted October 9th, 2017 in competition, EC law, inventions, licensing, news, patents, public interest, standards by sally

‘FRAND stands for “fair, reasonable and non-discriminatory”. It refers to the terms upon which the owner of a patent for an invention that is essential to a standard (“standard essential patent” or “SEP”) should license its use.’

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NIPC Law, 8th October 2017

Source: nipclaw.blogspot.co.uk

The Supreme Court’s Judgment in Eli Lilly v Actavis UK Ltd and Others: how to understand it and why it is important – NIPC Law

Posted July 14th, 2017 in cancer, competition, medicines, news, patents, Supreme Court by tracey

‘Supreme Court (Lords Neuberger, Mance, Clarke, Sumption and Hodge) Eli Lilly v Actavis UK Ltd and others [2017] UKSC 48 (12 July 2017)

What the Appeal was about
The pharmaceutical company Eli Lilly and Co (“Lilly”) has developed a drug called pemetrexed which it markets under the brand name Alimta for the treatment of various types of cancer. Used on its own, pemetrexed has unpleasant side effects that can sometimes be fatal but these can be avoided when it is administered as a compound called pemetrexed disodium in combination with vitamin B12.’

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NIPC Law, 13th July 2017

Source: nipclaw.blogspot.co.uk

UK takes ‘final legislative step’ needed to ratify the Unified Patent Court reforms – OUT-LAW.com

Posted June 28th, 2017 in courts, news, patents, privilege, regulations by sally

‘A piece of legislation that UK law makers must pass so that the country can ratify a new Unified Patent Court (UPC) system in Europe has been laid before parliament.’

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OUT-LAW.com, 26th June 2017

Source: www.out-law.com

Chugai Pharmaceutical Co Ltd v UCB Pharma SA and another; Chugai Pharmaceutical Co Ltd v UCB Biopharma SPRL – WLR Daily

Posted June 15th, 2017 in conflict of laws, jurisdiction, law reports, licensing, patents by sally

Chugai Pharmaceutical Co Ltd v UCB Pharma SA and another; Chugai Pharmaceutical Co Ltd v UCB Biopharma SPRL [2017] EWHC 1216 (Pat)

‘The first defendant in the first of two claims entered into a licence with the claimant in respect of a portfolio of patents, including a US patent, concerning tocilizumab, an immunosuppressive drug. The claimant sought, inter alia, a declaration that it was not obliged to continue to pay royalties under the licence in respect of its tocilizumab products. The defendants alleged that, although framed as a claim for a declaration relating to a contract, a part of the proceedings, in substance, concerned not only the scope but also the validity of the US patent. Accordingly, consideration of the claim would infringe the territorial limits of the courts jurisdictional powers and constitute an affront to comity (“the Moçambique rule”) and/or the foreign act of state doctrine, which militated against the English court determining issues relating to sovereign acts of a foreign state.’

WLR Daily, 26th May 2017

Source: www.iclr.co.uk

Huawei legal challenge against validity of Unwired Planet patent dismissed by London court – OUT-LAW.com

Posted April 26th, 2017 in news, patents, telecommunications by sally

‘Chinese mobile device manufacturer Huawei has lost a legal challenge against the validity of a patent owned by Unwired Planet.’

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OUT-LAW.com, 25th April 2017

Source: www.out-law.com

Nokia and Apple patent dispute comes before High Court in London – OUT-LAW.com

‘Finnish mobile device manufacturer Nokia was due to argue that Apple has infringed one of its technology patents before the High Court in London on Friday.’

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OUT-LAW.com, 7th April 2017

Source: www.out-law.com

Brexit, Article 50 and what it means for innovative businesses – Technology Law Update

Posted March 29th, 2017 in data protection, EC law, news, patents, referendums, treaties by sally

‘The shock of last June’s referendum result, with the UK electorate opting to leave the European Union, is starting to fade. Now the hard graft begins. Tomorrow British Prime Minister Theresa May will trigger Article 50, starting the two year process of negotiations that will end with a deal, an untidy departure or (maybe) an agreement to keep talking. Since the first analysis of what Brexit will mean for businesses we have learned more about what the UK intends to keep and discard. How are things looking now?’

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Technology Law Update, 28th March 2017

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

UK businesses see record number of European patents granted by EPO – OUT-LAW.com

Posted March 9th, 2017 in EC law, intellectual property, news, patents, reports, statistics by sally

‘A record number of European patents were granted to UK businesses in 2016 by the European Patent Office (EPO), according to new figures.’

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OUT-LAW.com, 9th March 2017

Source: www.out-law.com

Case Note: Jushi Group Co Ltd v OCV Intellectual Capital LLC – NIPC Law

Posted February 20th, 2017 in intellectual property, news, patents by sally

‘This was a claim by the Jushi Group Co. Ltd. (“Jushi”) for declarations of invalidity and non-infringement and the revocation of European patent number 1 831 118 for glass yarns for reinforcing organic and/or inorganic materials. The patentee, OCV Intellectual Capital LLC (a subsidiary of Owens Corning) (“OCV”), counterclaimed for infringement of the patent. Jushi admitted infringement if the patent was valid. The only issue to be determined was whether the patent was valid. The action came on before His Honour Judge Hacon on the 5 and 6 Dec 2016. His Honour delivered judgment on 6 Feb 2017.’

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NIPC Law, 8th February 2017

Source: www.nipclaw.blogspot.co.uk

IP Enterprise Court still attractive despite alternatives – presiding judge – Law Society’s Gazette

Posted February 6th, 2017 in courts, intellectual property, judges, news, patents, pilot schemes, trials by sally

‘The presiding judge at the UK’s Intellectual Property Enterprise Court has said the court still serves a purpose despite the growing availability of flexible trials elsewhere.’

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Law Society’s Gazette, 3rd February 2017

Source: www.lawgazette.co.uk

Applications to appeal patent rulings should no longer be given easy passage – Litigation Futures

Posted December 21st, 2016 in appeals, civil procedure rules, courts, news, patents by tracey

‘The principle outlined in the White Book that the Court of Appeal should more readily grant permission to appeal in patent cases no longer holds good, it ruled last week.’

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litigation Futures, 20th December 2016

Source: www.litgationfutures.com

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.’

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OUT-LAW.com, 2nd November 2016

Source: wwww.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.’

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The Guardian, 20th August 2016

Source: www.guardian.co.uk

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.’

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Technology Law Update, 5th August 2016

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

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

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?’

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Technology Law Blog, 24th June 2016

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

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.’

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Technology Law Update, 4th May 2016

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

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.’

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Technology Law Update, 15th March 2016

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

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.’

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Technology Law Update, 11th March 2016

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