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Articles, Case Notes, Presentations and In-depth Discussion of IP and Technology Law.

Updated: 2017-03-14T03:11:07.132+00:00


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


Strands of Glass Fibres Author NoiseDSource WikipediaCreative CommonsLicence  Jane Lambert Jushi Group Co Ltd v OCV Intellectual Capital LLC [2017] EWHC 171 (IPEC) (06 Feb 2017)  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

Patents: Wobben v Siemens - Blowing in the Wind


Offshore Wind Farm Photo Anke HueperSource WikipediaCreative Commons Licence Jane Lambert Wobben Properties GmbH v Siemens Public Ltd Company and Others [2017] EWCA Civ 5 (19 Jan 2017) The claimant company, Wobben Properties GmbH is the registered proprietor of European patent  EP0847496 for a method of operating a wind power station.  The invention is described as

Case Note: Bhayani v Taylor Bracewell LLP - Goodwill generated by a Partner or Employee


Jane Lambert Bhayani and Another v Taylor Bracewell LLP [2016] EWHC 3360 (IPEC) (22 Dec 2016) In Reckitt and Colman Products Ltd v Borden Inc, and Others, [1990] 1 WLR 491, [1990] RPC 341, [1990] 1 All ER 873, [1990] WLR 491, [1990] UKHL 12 discussed the elements of an action for passing off. The first of those elements was  "a goodwill or reputation attached to the goods or

Just where does Mrs May's Speech leave the Unified Patent Court?


Rt. Hon. Theresa May MP Author: Home officeSource: WikipediaCreative Commons Licence Jane Lambert In her Lancaster House speech of the 17 Jan 2017 (the transcript of which can be found on The Independent's website) the Prime Minister acknowledged that "Britain might at times have been seen as an awkward member state" However, there is one policy upon which we have always



Victoria Plums Author RasbakSource WikipediaCreative Commons Licence Victoria Plum Ltd (t/a Victoria Plumb) v Victorian Plumbing Ltd and Others [2016] EWHC 2911 (Ch) (18 Nov 2016)  Mr Justice Henry Carr In this case, Victoria Plum Ltd. had registered the words VICTORIA PLUMB as a UK trade mark in relation to a range of goods and services in classes 11, 20 and 35

Where can you sue for trade mark infringement or passing off: AMS Neve v Heritage Audio


Author NuclearVaccumSource WikipediaCreative Commons Licence AMS Neve Ltd and Others v Heritage Audio S.L. and Another [2016] EWHC 2563 (IPEC) Mark Vallance Crabtree and Barnett Waddingham Trustees Limited are the registered proprietors of three trade marks for sound recording and processing equipment that are used by AMS Neve Ltd. in its business. Two of those are UK

The Pregabalin Appeal: Generics v Warner Lambert


Author AcdxSource WikipediaCreative Commons Licence Generics (UK) Ltd (t/a Mylan) v Warner-Lambert Company LLC [2016] EWCA Civ 1006 (13 Oct 2016) This was an appeal against two of Mr Justice Arnold's judgments. The first was his decision in Generics (UK) Ltd (t/a Mylan) v Warner-Lambert Company LLC [2015] EWHC 2548 (Pat) which I discussed in The Pregabalin Trial: Generics

Trade Secrets: Kerry Ingredients v Bakkavor Group


Kerry Group's Headquarters in Tralee Author: Hajotthu Source: WikipediaCreative Commons Licence Kerry Ingredients (UK) Ltd v Bakkavor Group Ltd and Others [2016] EWHC 2448 (Ch) (7 Oct 2016) Mr Justice Newey The issue in this case was whether a food manufacturer that had received secret information on the manufacture of edible infused oils from its supplier for health

The Cialis Litigation - Actavis Group PTC EHF and Others v Icos Corp and Another


A wife complaints to the Qadi about her husband's impotence Artist: Hamse-i Atai (18th century Ottoman miniature) Source Wikipedia Mr Justice Birss: Actavis and Others v Eli Lilly and Another [2016] EWHC 1955 (Pat) (10 Aug 2016)  Although it is not spelt out anywhere in the 492 paragraphs and annexes to Mr Justice Birss's judgment, this complicated

Tripping: TripAdvisor v Handsam


Handsam Ltd. describes itself as "a leading provider of online management systems, consultancy services and advice to both the business and education sectors." Its specialisms include health and safety management, policy writing and advice in all areas, security, fire, training and data protection. It has recently extended its online services to include a school trip planning system. Its systems

Injunctions against ISPs: The Cartier Appeal


Cartier Watch Author Noop1958 Creative Commons Licence Source Wikipedia Cartier International AG and Others v British Sky Broadcasting Ltd and Others [2016] EWCA Civ 658 (6 July 2016)  In  Cartier International AG and Others v British Sky Broadcasting Ltd and Others [2015] ETMR 1, [2015] 1 All ER 949, [2014] EWHC 3354 (Ch), [2015] RPC 7, [2014] WLR(D) 464, [2015] 1 All ER (Comm)

The Trade Secrets Directive


The adoption by the Council and European Parliament of Directive (EU) 2016/943 of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ 15.6.2016 L 157/1) ("the Trade Secrets Directive") seems to have been overlooked in the furore over Brexit. The directive lays down rules on the

What Sort of IP Framework do we need after Brexit and what are we likely to get?


The UK and the remaining Member States of the EU Source Wikipedia There was a bad reason for voting to leave the European Union and a good one. The bad reason, which was probably the one for which most leavers voted, was that art 45 of the Treaty of the Functioning of the European Union stimulated competition in the labour market. The good reason, of which I was and

Sometimes a Euro-Defence does work: Samsung v Ericsson


European Commission Author: Amio Cajander Source Wikipedia Creative Commons Licence A Euro-defence is an answer to a claim for the infringement of an intellectual property or other right under national law based on the primacy of European Union law. In the early days of our membership of what used to be called the European Economic Community such defences were

The IP (Unjustified Threats) Bill


Minister for Intellectual Property Crown CopyrightOpen Government Licence On 19 May 2016 Lady Neville-Rolfe, the Minister for Intellectual Property, introduced the Intellectual Property (Unjustified Threats) Bill into the House of Lords. The purpose of the Bill is to reform the law relating to unjustified threats of IP infringement. The need for reform is illustrated

Up the Spout: Bapco Closures v Selpac


In Bapco Closures Research Ltd and Another v Selpac Europe Ltd [2016] EWHC 550 (IPEC) (18 March 2016), His Honour Judge Hacon had to decide a very short but very interesting point of claim construction. The patent in suit was European patent (UK) No 1, 656, 306 B1 which had been granted to Bapco Closures Research Ltd ("Bapco") for an opening device for a foil closure (that is to say, a ring pull

The Institute for Capitalizing on Creativity: "Tales from the Drawing Board"


St Andrews from St Rule's Tower Author Peter Gordon Source Wikipedia Creative Commons Licence The Department for Culture, Media and Sport refers collectively to the following industries as "the creative industriels": Advertising and marketing Architecture Crafts Product design, graphic design and fashion design Film, TV, video, radio and photography IT, software,

Supreme Court upholds Court of Appeal in Trunki


The judgment of the Supreme Court in PMS International Group Plc v Magmatic Ltd. [2016] UKSC 12 has attracted a lot of flak over the last 24 hours much of it unjustified. According to the BBC website, Mr Robert Law, the founder of the Magmatic Ltd. which supplies Trunki suitcases, predicted chaos after the Supreme Court upheld the Court of Appeal's decision that I discussed in 

The Draft Patents (European Patent with Unitary Effect and Unified Patent Court) Order 2016


Jane Lambert In Implementing the Unitary Patent in the UK 22 Feb 2016 I discussed the consultation on the implementation of the Unified Patent Court Agreement in the legal systems of the United Kingdom. The consultation document, which was entitled Technical Review and Call for Evidence on Secondary Legislation Implementing the Agreement on a Unified Patent Court and EU Regulations

Account of Profits - OOO Abbott and Another v Design & Display Ltd and Another


Royal Courts of Justice Author Anthony M Source Wikipedia Creative Commons Licence When a patent is infringed the patentee has the choice of an inquiry as to damages or an account of profits under s.61 (1) of the Patents Act 1977.  A similar choice is available to any other intellectual property right owner whose right is infringed. In OOO Abbott and another v Design

UPC Mediation Rules


Lisbon Bridge Photo Matt Perich Creative Commons Licence Art 35 (1) of the Unified Patent Court Agreement establishes a patent mediation and arbitration centre with seats in Ljubljana and Lisbon. Its purpose is to provide facilities for mediation and arbitration of patent disputes falling within the scope of that Agreement. The Centre is required by art 35 (3) to establish

Were we to go - what would Brexit mean for IP?


Just before the Scottish referendum I wrote a couple of articles on the SNP's proposals for intellectual property in a separate Scotland (What would an independent Scottish government do about Intellectual Property? 10 Sept 2014 and More on Scotland and Intellectual Property 13 Sept 2014). Today I shall attempt a similar exercise in respect of Brexit. What would not change Were

Damages for Patent Infringement - AP Racing Ltd v Alcon Components Ltd


Jane Lambert In AP Racing Ltd v Alcon Components Ltd [2013] EWPCC 3 (5 Feb 2013) A P Racing Ltd. sued Alcon Components Ltd. for patent infringement in the Patents County Court. The patent in suit was UK patent GB 2 451 690 for " disc brake caliper body and a disc brake caliper comprising such a body". His Honour Judge Birss QC (as he then was) found the patent to be invalid for

Implementing the Unitary Patent in the UK


Whitehall Photo T. B. Murray Source Wikipedia Creative Commons Licence 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

Unitary Patent: UPC's Power to Amend


Venetian Patent Act 1474 Source Wikipedia Yesterday I presented a talk on the unitary patent and the Unified Patent Court. I had a good audience which included some familiar faces as well as several new ones. At the end of the talk I took questions and one of them was on the Court's power to amend.  I was able to answer the question from memory but I could not give chapter