UK takes ‘final legislative step’ needed to ratify the Unified Patent Court reforms –

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.’

Full Story, 26th June 2017


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


Huawei legal challenge against validity of Unwired Planet patent dismissed by London court –

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.’

Full story, 25th April 2017


Nokia and Apple patent dispute comes before High Court in London –

‘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.’

Full story, 7th April 2017


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

Posted March 29th, 2017 in brexit, 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?’

Full story

Technology Law Update, 28th March 2017


UK businesses see record number of European patents granted by EPO –

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.’

Full story, 9th March 2017


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.’

Full story

NIPC Law, 8th February 2017


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.’

Full story

Law Society’s Gazette, 3rd February 2017


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.’

Full story

litigation Futures, 20th December 2016


Same cost recovery principles apply to patent cases as other types of litigation, says High Court –

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, 2nd November 2016


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


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

Posted August 8th, 2016 in brexit, 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


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


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


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


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


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


UK likely to ratify Unified Patent Court after EU referendum –

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, 24th February 2016


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

‘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, 22nd February 2016


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