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Kastner v Rizla Ltd and Another: CA 23 Jun 1995

Patent specification construction to be purposive- following ‘Catnic’. Citations: Times 23-Jun-1995, [1995] RPC 585 Statutes: Patents Act 1977, European Patents Convention 1973 Jurisdiction: England and Wales Cited by: Cited – Rocky Mountain Traders Limited and Hewlett Packard Gmbh; Westcoast Limited and Fellowes Manufacturing (UK) Limited CA 20-Dec-2000 The claimant appealed an order finding its patents … Continue reading Kastner v Rizla Ltd and Another: CA 23 Jun 1995

Yeda Research and Development Co Ltd v Rhone-Poulenc Rorer International Holdings Inc and others: CA 31 Jul 2006

The claimants sought to amend their claim which had previously been on the basis of a joint ownership, to one of sole ownership. Held: The application for the amendment being made more han two years after the grant, the amendment could not be allowed. s.37(5) bars the making of a new claim out of time. … Continue reading Yeda Research and Development Co Ltd v Rhone-Poulenc Rorer International Holdings Inc and others: CA 31 Jul 2006

Stena Rederi Aktiebolag and Another v Irish Ferries Ltd: CA 6 Feb 2003

A ferry plied its way between Dublin and Holyhead, coming into English territorial waters three or four times a day, and for up to three hours on each occasion. The claimants asserted that the construction of the hull infringed its patent. Held: The Act specifically excluded liability where an infringing ship or other item came … Continue reading Stena Rederi Aktiebolag and Another v Irish Ferries Ltd: CA 6 Feb 2003

IGT (Patent) O/140/13: IPO 27 Mar 2013

IPO The application concerns game playing services in game machines, such as slot machines or video poker games. The thrust of the application is to enable game patrons to recover left-amounts which may arise from transactions involving different currencies. This is facilitated by software in the game machine’s logic modules. These left-over amounts can be … Continue reading IGT (Patent) O/140/13: IPO 27 Mar 2013

Lantana Ltd (Patent): IPO 4 Feb 2013

IPO The application relates to retrieving data from a remote computer using e-mail. A local computer sends a first e-mail containing machine-readable retrieval criteria and the remote computer responds with an e-mail containing the requested data. The Hearing Officer applied the Aerotel/Macrossan test and decided that the contribution made by the invention fell solely within … Continue reading Lantana Ltd (Patent): IPO 4 Feb 2013

Bode Oluwa (Patent) O/378/12: IPO 3 Oct 2012

The application was filed on 29 June 2009 by an applicant who was resident in China, but who had correctly provided a UK address for service. The application proceeded normally until 21 June 2011, when the Office sent the applicant a reminder that if he wished to continue with the application, the request for a … Continue reading Bode Oluwa (Patent) O/378/12: IPO 3 Oct 2012

Fabio Passetti Et Al (Patent): IPO 3 Jul 2012

IPO The application relates to a computer system which implements a computer program for searching and displaying biological information stored in one or more databases by converting the information from the database(s) into a ternary matrix using three separate characters to represent biological information eg 0, 1 and |. The Hearing Officer applied the Aerotel/Macrossan … Continue reading Fabio Passetti Et Al (Patent): IPO 3 Jul 2012

Pioneer Electronics Capital Inc; Pioneer Electronics (USA) Inc (Together Trading As Discovision Associates) v Warner Music Manufacturing Europe Gmbh and Warner Music UK Limited: CA 28 Nov 1996

The product of a process remained such despite application of a further process; There had been no loss of identity. Citations: Times 10-Dec-1996, [1996] EWCA Civ 1059 Statutes: Patents Act 1977 60(1)(c) Jurisdiction: England and Wales Intellectual Property Updated: 03 November 2022; Ref: scu.140926

Compurants Ltd (Patent) O/283/11: IPO 11 Aug 2011

IPO The application relates to a computer-controlled interactive food and/or drink ordering system that can prompt a customer to place an order. In conventional restaurants, a waiter will present a customer with a menu and then return a few minutes later to take his order. On some occasions, the customer may not have made up … Continue reading Compurants Ltd (Patent) O/283/11: IPO 11 Aug 2011

Polytan Planungs-Und Baugwsellschart Fuer Sportlagen Mbh Co, Edel Grass BV and Fieldturf Holdings Inc (Patent) O/412/10: IPO 30 Nov 2010

IPO This is the consolidation of two individual actions for the revocation of two GB patents held by Fieldturf, GB 2329910 and its divisional GB 2350843. Fieldturf applied to amend these two patents under s75 during the course of these actions. As a result of the applicants for revocation stating that they no longer wish … Continue reading Polytan Planungs-Und Baugwsellschart Fuer Sportlagen Mbh Co, Edel Grass BV and Fieldturf Holdings Inc (Patent) O/412/10: IPO 30 Nov 2010

Orkli (UK) Limited (Patent): IPO 30 Sep 2009

ICO This decision concerned whether the patent in suit should be restored following a failure to pay the renewal fee. In December 2000 and January 2001respectively two patent applications were filed for the same invention – a British (GB) application and a European (EP) application, the latter designating amongst other countries, GB and claiming priority … Continue reading Orkli (UK) Limited (Patent): IPO 30 Sep 2009

Nats (En Route) Plc, Brian Janes, Stephen James Pember and Alison Laura Udal Roberts (Patent): IPO 13 Oct 2008

IPO An uncontested application was filed by NATS (EN ROUTE) PLC originally under section 13(1) of the Patents Act 1977 though the application was subsequently taken as filed under rule 10(2) of the Patent Rules 2007. The applicants also filed an uncontested application under section 13(3). It was found that Stephen James Pember and Alison … Continue reading Nats (En Route) Plc, Brian Janes, Stephen James Pember and Alison Laura Udal Roberts (Patent): IPO 13 Oct 2008

Norman Paterson and Nicholas Jones (Patent): IPO 30 Sep 2008

IPO The application related to a device for generating electricity by pumping water to an impeller attached to a generator. The hearing officer upheld the examiner’s objection that the invention operated in a manner contrary to well-established physical laws and was therefore neither capable of industrial application nor sufficiently disclosed. Citations: [2008] UKIntelP o26608 Links: … Continue reading Norman Paterson and Nicholas Jones (Patent): IPO 30 Sep 2008

Komatsu Ltd (Patent) O/186/08: IPO 30 Jun 2008

IPO The application related to a double-layered sintered sliding member used for a connecting device, such as a thrust bearing, of a construction machine. The invention was characterized by compositional features of the alloy used. The hearing officer held that the characterization by means of percentage components of constituents present in a martensite phase was … Continue reading Komatsu Ltd (Patent) O/186/08: IPO 30 Jun 2008

Komatsu Ltd (Patent) O/187/08: IPO 30 Jun 2008

The application related to a double-layered sintered sliding member used for a connecting device, such as a thrust bearing, of a construction machine. The invention was characterized by compositional features of the alloy used. The hearing officer held that the characterization by means of percentage components of constituents present in a martensite phase was did … Continue reading Komatsu Ltd (Patent) O/187/08: IPO 30 Jun 2008

Komatsu Ltd (Patent) O/188/08: IPO 30 Jun 2008

IPO The application related to a double-layered sintered sliding member used for a connecting device, such as a thrust bearing, of a construction machine. The invention was characterized by compositional features of the alloy used. The hearing officer held that the characterization by means of percentage components of constituents present in a martensite phase was … Continue reading Komatsu Ltd (Patent) O/188/08: IPO 30 Jun 2008

Komatsu Ltd (Patent) O/185/08: IPO 30 Jun 2008

IPO The application related to a double-layered sintered sliding member used for a connecting device, such as a thrust bearing, of a construction machine. The invention was characterized by compositional features of the alloy used. The hearing officer held that the characterization by means of percentage components of constituents present in a martensite phase was … Continue reading Komatsu Ltd (Patent) O/185/08: IPO 30 Jun 2008

Komatsu Ltd (Patent) O/184/08: IPO 30 Jun 2008

IPO The application related to a double-layered sintered sliding member used for a connecting device, such as a thrust bearing, of a construction machine. The invention was characterized by compositional features of the alloy used. The hearing officer held that the characterization by means of percentage components of constituents present in a martensite phase was … Continue reading Komatsu Ltd (Patent) O/184/08: IPO 30 Jun 2008

Komatsu Ltd (Patent) O/183/08: IPO 30 Jun 2008

IPO The application related to a double-layered sintered sliding member used for a connecting device, such as a thrust bearing, of a construction machine. The invention was characterized by compositional features of the alloy used. The hearing officer held that the characterization by means of percentage components of constituents present in a martensite phase was … Continue reading Komatsu Ltd (Patent) O/183/08: IPO 30 Jun 2008

Komatsu Ltd (Patent) O/189/08: IPO 30 Jun 2008

IPO The application related to a double-layered sintered sliding member used for a connecting device, such as a thrust bearing, of a construction machine. The invention was characterized by compositional features of the alloy used. The hearing officer held that the characterization by means of percentage components of constituents present in a martensite phase was … Continue reading Komatsu Ltd (Patent) O/189/08: IPO 30 Jun 2008

IGT (Patent) O/149/08: IPO 23 May 2008

IPO The invention related to a gaming apparatus and method in which 2D image data was converted into a 3D video image and displayed on a non-planar 3D screen. The examiner had objected that the contribution of the invention was excluded under the above categories, but (although it was not apparent from the specification as … Continue reading IGT (Patent) O/149/08: IPO 23 May 2008

Hideaki Koiwai (Patent): IPO 31 Dec 2007

IPO The patent application relates to a golf putter having a measurement scale and sighting means to estimate the distance to the hole. The examiner had objected that new subject matter had been added contrary to section 76, that the invention lacked inventive step in the light of four prior specifications and that it was … Continue reading Hideaki Koiwai (Patent): IPO 31 Dec 2007

Symbian Ltd (Patent): IPO 30 Jul 2007

IPO The application relates to a method of operating a computing device to access data held in a dynamic link library (DLL) which has two parts, each part containing a number of functions. In operation, an executable program directly links to the functions in the first part through the ordinal numbers. To access the functions … Continue reading Symbian Ltd (Patent): IPO 30 Jul 2007

Archibald Kenrick Sons v Laird Security Hardware Limited: IPO 13 Jun 2005

IPO Patent – In section 27 opposition proceedings, the opponent (Laird Security Hardware Limited) sought to file a supplementary statement, which was opposed by the applicant for amendment (Archibald Kenrick and Sons Limited) who requested that the opposition to amendment be struck out. It was held that admission of the supplementary statement would not materially … Continue reading Archibald Kenrick Sons v Laird Security Hardware Limited: IPO 13 Jun 2005

Fujitsu Limited (Patent): IPO 23 Feb 2005

PO The application relates to the purchase of products over the Internet, and provides a website interface that presents information regarding the price and delivery dates of a particular product against a list of retailers. This allows a customer to decide at a glance whether to trade off the cost of a product with it’s … Continue reading Fujitsu Limited (Patent): IPO 23 Feb 2005

IDA Limited Et Al v University of Southampton Et Al (Patent): IPO 31 Mar 2004

It was common ground that one of the claimants (M) contacted one of the defendants (H) with the idea of using magnetic particles instead of electrostatic particles in Hs prior cockroach trapping technology. M also supplied samples of magnetic particles for H to test. These tests proved the concept. The hearing officer was not persuaded … Continue reading IDA Limited Et Al v University of Southampton Et Al (Patent): IPO 31 Mar 2004

Hadley Industries Plc v Metal Sections Limited, Metsec (UK) Limited: PatC 13 Nov 1998

A court no longer has the discretion as to whether to amend a patent upon application, but must, following European practice, do so when a proper application is made. This is the case despite the clear wording of the English Act. A judge at first instance should be careful to follow a line of cases … Continue reading Hadley Industries Plc v Metal Sections Limited, Metsec (UK) Limited: PatC 13 Nov 1998

Sumitomo Rubber Industries Limited (Patent): IPO 14 Nov 2003

IPO The Hearing Officer found that the proprietor, represented by the General Manager (the Directing Mind), had effectively taken reasonable care to see that the sixteenth year renewal fee was paid by issuing standing instructions that renewal fees should be paid automatically on any overseas patent which was licenced, even if its Japanese parent patent … Continue reading Sumitomo Rubber Industries Limited (Patent): IPO 14 Nov 2003

Robert Leonard Carpenter (Patent) O/325/03: IPO 27 Oct 2003

The application was entitled Hands-free megaphone and claimed a combination of a microphone assembly, a body pack including an output horn secured by a belt around a users body, and a cable connecting the microphone assembly and the body pack. An objection of lack of inventive step was based on a French patent. It was … Continue reading Robert Leonard Carpenter (Patent) O/325/03: IPO 27 Oct 2003

Rodney Stock v Pixar (Patent): IPO 1 Oct 2003

IPO As a result of an uncontested application filed under section 13(1) by Rodney Stock, it was found that Rodney Stock should be mentioned as a joint inventor in the patent granted for the invention and directed that an addendum slip mentioning him as a joint inventor be prepared for the published application and for … Continue reading Rodney Stock v Pixar (Patent): IPO 1 Oct 2003

Sheel Khemka v Nana-Akoto Osei (Patent): IPO 19 Sep 2003

Burden of proof, Entitlement, Inventorship, Jurisdiction, Orders – One of the co-applicants for the PCT application (Mr Khemka) referred questions of inventorship and entitlement on forty applications derived from the PCT application. There was no domestic GB application. The hearing officer found that he did not have jurisdiction under sections 8 and 37 (section 9 … Continue reading Sheel Khemka v Nana-Akoto Osei (Patent): IPO 19 Sep 2003

Jones and Henderson v Protensive Limited (Patent) O-208-03: IPO 17 Jul 2003

IPO As a result of an uncontested application filed under section 13(1) by Michael Jones and Ian Henderson, it was found that they should be mentioned as joint inventors in the granted patent for the invention and directed that an addendum slip mentioning them as joint inventors be prepared for the granted patent for the … Continue reading Jones and Henderson v Protensive Limited (Patent) O-208-03: IPO 17 Jul 2003

Jones and Henderson v Protensive Limited (Patent) O-207-03: IPO 17 Jul 2003

As a result of an uncontested application filed under section 13(1) by Michael Jones and Ian Henderson, it was found that they should be mentioned as joint inventors in the granted patent for the invention and directed that an addendum slip mentioning them as joint inventors be prepared for the granted patent for the invention. … Continue reading Jones and Henderson v Protensive Limited (Patent) O-207-03: IPO 17 Jul 2003

Xtralite Limited v Hartington Conway Limited (Patent): IPO 21 Feb 2003

When Hartington Conway bought Xtralite Industrial Rooflights Limited (XIRL), the sale agreement included rights to the patent applications in suit which had been applied for by XIRL. These patents related to a glazing system known as the Xlok which was invented by Mr Robert Tweedy who was a Director of XIRL but also Managing Director … Continue reading Xtralite Limited v Hartington Conway Limited (Patent): IPO 21 Feb 2003

Koito Manufacturing Co Ltd and Akinori Matsumoto and Takayuki Iwaki (Patent): IPO 31 Mar 2003

PO Patent Office – Ex Parte Decisions – As a result of an uncontested application filed under section 13(1) by Koito Manufacturing Co Ltd, it was found that Akinori Matsumoto and Takayuki Iwaki should also be mentioned as joint inventors in any patent granted for the invention and directed that an addendum slip mentioning them … Continue reading Koito Manufacturing Co Ltd and Akinori Matsumoto and Takayuki Iwaki (Patent): IPO 31 Mar 2003

Willett v Biotechnology Research Development Corporation (Patent): IPO 31 Jul 2002

As a result of an uncontested application filed under section 13(1) by Julious L Willett, it was found that Julious L Willett should be mentioned as a joint inventor in the patent granted and directed that an addendum slip mentioning him as a joint inventor be prepared for the granted patent. Judges: Mrs S Williams … Continue reading Willett v Biotechnology Research Development Corporation (Patent): IPO 31 Jul 2002

Autoliv Development Ab, Karl-Erik Tommy Andersson, Jan Ulrik Odenmo, Ola Bostrom and Bertil Mattson (Patent): IPO 23 Nov 2006

IPO As a result of an uncontested application filed under section 13(1) by Autoliv Development AB, it was found that Bertil Mattson should be mentioned as a joint inventor in the published patent application and granted patent and directed that an addendum slip be prepared mentioning him as a joint inventor for the published patent … Continue reading Autoliv Development Ab, Karl-Erik Tommy Andersson, Jan Ulrik Odenmo, Ola Bostrom and Bertil Mattson (Patent): IPO 23 Nov 2006

Acres Gaming Incorporated (Patent): IPO 3 May 2006

ICO The application related to a networked gaming system which changed the game content and behaviour based on recorded data about players, thus allowing a casino operator to tailor the experience to an individual. Using the approach in CFPH LLP’s Appn [2005] EWHC 1589, it was not disputed that any advance lay in the feedback … Continue reading Acres Gaming Incorporated (Patent): IPO 3 May 2006

Pinchas Goldstein v Diamond and Jewelry-4-U Ltd (Patent): IPO 3 Dec 2001

As a result of an uncontested application filed under section 13(1) by Pinchas Goldstein, it was found that Pinchas Goldstein should be mentioned as a joint inventor in any patent granted for the invention and and directed that an addendum slip mentioning him as a joint inventor be prepared for the published application of the … Continue reading Pinchas Goldstein v Diamond and Jewelry-4-U Ltd (Patent): IPO 3 Dec 2001

Cintec International Ltd v John Humphries Parkes (T/A Dell Explosives) and Another: ChD 2 Oct 2003

The defendants wanted to defend their patent against a possible infringement. There were negotiations, following which the defendants wrote claiming damages or licence fees. The claimant asserted that the letter constituted a threat. The defendant argued justification. Held: The court has to determine in all the circumstances not only whether a threat was made but … Continue reading Cintec International Ltd v John Humphries Parkes (T/A Dell Explosives) and Another: ChD 2 Oct 2003

Hughes v Paxman: CA 23 Jun 2006

The parties were co-proprietors of a patent. Mr Hughes appealed a decision confirming an order that the patent must be exploited. Held: The comptroller had the power to make such an order. Parliament could not have intended a deadlock situation between the proprietors to allow the frustration of the exploitation of the patent. Though given … Continue reading Hughes v Paxman: CA 23 Jun 2006

Shanks v Unilever Plc and Others: PatC 23 May 2014

The claimant sought statutory compensation, having whilst employee of the defendant, created a pump which came to widely used in the testing of diabetic status. Judges: Arnold J Citations: [2014] EWHC 1647 (Pat), [2014] RPC 29, [2014] WLR(D) 242 Links: Bailii, WLRD Statutes: Patents Act 1977 41(1) Jurisdiction: England and Wales Citing: See Also – … Continue reading Shanks v Unilever Plc and Others: PatC 23 May 2014

Shanks v Unilever Plc and Others: ChD 3 Dec 2009

Appeal against refusal to admit supplementary statement of case. The claimant had, while employed by the defendant created a pump which came to be widely used in the management of diabetes. He was seeking recompense for his contribution. Judges: Mann J Citations: [2009] EWHC 3164 (Ch), [2010] RPC 11, [2010] Bus LR 761, (2010) 33(2) … Continue reading Shanks v Unilever Plc and Others: ChD 3 Dec 2009

Actavis UK Ltd and Others v Eli Lilly and Company: CA 25 Jun 2015

Lilly appealed against a finding that an Actavis drug had not infringed its patents to the limited extent of holding that there would be indirect infringement in four jurisdictions, but they agreed with the Judge that there would be no direct infringement. The appeal raised the issue of the correct approach under UK law (and … Continue reading Actavis UK Ltd and Others v Eli Lilly and Company: CA 25 Jun 2015

French v Mason and Another: ChD 13 Nov 1998

A constructive trust can only arise as against a legal owner only by virtue of an unconscionable act by the legal owner. A claim by an employee against an employer in respect of ownership of a patent was unlikely to succeed. Citations: Times 13-Nov-1998 Statutes: Patents Act 1977 39 Jurisdiction: England and Wales Intellectual Property … Continue reading French v Mason and Another: ChD 13 Nov 1998

Schutz (UK) Ltd v Werit UK: PatC 23 Jan 2009

Shutz sued Werit for patent infringement, Delta for patent infringement, trade mark infringement and passing off. Both actions concerned the same subject matter, namely intermediate bulk containers, otherwise known as IBCs, and the same patents. Shutz was the exclusive licensee of the three patents in suit and the second defendant in each case was the … Continue reading Schutz (UK) Ltd v Werit UK: PatC 23 Jan 2009

Nestec Sa and Others v Dualit Ltd and Others: PatC 22 Apr 2013

Allegation of patent infringement by offering coffee capsules compatible with claimant’s Nespresso Machines. Cross challenge that patent claim invalid for insufficiency. Held: Patent invalid, and no infringement. Judges: Arnold J Citations: [2013] EWHC 923 (Pat) Links: Bailii Statutes: Patents Act 1977 60 Jurisdiction: England and Wales Intellectual Property Updated: 19 July 2022; Ref: scu.472872

Symbian Ltd v Comptroller General of Patents: PatC 18 Mar 2008

The company appealed against rejection of its patent application, the objection being as to the invention’s patentability. The EPO had granted a European Patent. Judges: Patten J Citations: [2008] EWHC 518 (Pat), GB 0325145.1 Links: Bailii Statutes: Patents Act 1977 Citing: Cited – Astron Clinica Ltd and others v The Comptroller General of Patents, Designs … Continue reading Symbian Ltd v Comptroller General of Patents: PatC 18 Mar 2008

Astron Clinica Ltd and others v The Comptroller General of Patents, Designs and Trade Marks: PatC 25 Jan 2008

There is no reason in principle to exclude claims to computer programs from patentability under Art.52 where the claims to a method performed by running a suitably programmed computer or to a computer program to carry out the method are allowable. The question in each case is whether the technical effect produced by the invention … Continue reading Astron Clinica Ltd and others v The Comptroller General of Patents, Designs and Trade Marks: PatC 25 Jan 2008

Glaxo Group Ltd v Genentech Inc and Another: CA 31 Jan 2008

The validity of a patent was challenged at the same time in both UK and European courts. Mummery LJ discussed the inherent consequences of a race between the jurisdictions: ‘the possibility of the duplication of proceedings contesting the validity of a patent granted by the EPO is inherent in the system established by the Convention. … Continue reading Glaxo Group Ltd v Genentech Inc and Another: CA 31 Jan 2008

Cinpres Gas Injection Limited v Melea Limited: ChD 23 Nov 2006

The claimant sought to pursue its licence claim after its claim to a proprietary interest in the patent had been dismissed. Held: The claim misunderstood the way section 37 worked. To have a claim to a license the license the claimant had to show some proprietary interest. The grant of a licence was not to … Continue reading Cinpres Gas Injection Limited v Melea Limited: ChD 23 Nov 2006

Citibank Na v The Comptroller General of Patents: ChD 9 Jun 2006

Appeal against refusal of patent – invention related to a scheme, rule, or method, for doing business and/or a mathematical method – financial derivatives. Judges: Mann J Citations: [2006] EWHC 1676 (Ch) Links: Bailii Statutes: Patents Act 1977 1(2) Jurisdiction: England and Wales Intellectual Property Updated: 12 July 2022; Ref: scu.263670

Aerotel Ltd v Telco Holdings Ltd: PatC 3 May 2006

The claimant sought damages alleging patent infringement. The defendant responded by saying that the patent was invalid as a scheme, rule or method for doing business as such. Judges: Lewison J Citations: [2006] EWHC 997 (Pat) Links: Bailii, Bailii Statutes: Patent Act 1977 1 Cited by: Appeal from – Aerotel Ltd v Telco Holdings Ltd … Continue reading Aerotel Ltd v Telco Holdings Ltd: PatC 3 May 2006

Cappellini and Bloomberg, Re: PatC 13 Mar 2007

The applicants appealed rejection of their applications for patents. The comptroller-general had said that patents were in respect of computer programs excluded from registration. Held: The appeals failed. There was no relevant technical effect in merely moving vehicles and their cargos around according to a routing algorithm. Judges: Pumfrey J Citations: [2007] EWHC 476 (Pat) … Continue reading Cappellini and Bloomberg, Re: PatC 13 Mar 2007

Smithkline Beecham Plc Glaxosmithkline UK Ltd and Another v Apotex Europe Ltd and others (No 2): CA 23 May 2006

The parties to the action had given cross undertakings to support the grant of an interim injunction. A third party subsequently applied to be joined, and now sought to take advantage of the cross undertakings to claim the losses incurred through the giving of the ‘wrongful undertakings’ Held: The joined party, who had not itself … Continue reading Smithkline Beecham Plc Glaxosmithkline UK Ltd and Another v Apotex Europe Ltd and others (No 2): CA 23 May 2006

Macrossan v Comptroller-General of Patents, Designs and Trade Marks 2005: ChD 3 Apr 2006

The court upheld the rejection of a patent application with regard to a computer program. Judges: Mann J Citations: [2006] EWHC 705 (Ch) Links: Bailii Statutes: Patents Act 1977 77 Jurisdiction: England and Wales Cited by: Cited – Blacklight Power Inc v The Comptroller-General of Patents PatC 18-Nov-2008 The applicant appealed against the refusal of … Continue reading Macrossan v Comptroller-General of Patents, Designs and Trade Marks 2005: ChD 3 Apr 2006

Cognis Deutschland Gmbh and Co Kg, Guido Baumoller, Achim Ansmann, Rolf Kawa, Dr Stephen Eichhorn And Andrea Urban – O/039/05: PO 14 Feb 2005

PO Patents – Inter Partes Decisions. – As a result of an uncontested application filed under section 13(1) by Cognis Deutschland GmbH and Co KG, it was found that Andrea Urban should be mentioned as a joint inventor in granted patent EP (UK) 1165887 and directed that an addendum slip mentioning her as a joint … Continue reading Cognis Deutschland Gmbh and Co Kg, Guido Baumoller, Achim Ansmann, Rolf Kawa, Dr Stephen Eichhorn And Andrea Urban – O/039/05: PO 14 Feb 2005

Unilin Beheer Bv v Berry Floor Nv, Information Management Consultancy Design Limited (T/A Responsive Designs), B and Q Plc: CA 30 Jul 2004

Patents – infringement – validity Judges: Lord Justice Ward Sir Martin Nourse Lord Justice Jacob Citations: [2004] EWCA Civ 1021 Links: Bailii Statutes: Patents Act 1977 Jurisdiction: England and Wales Cited by: See Also – Unilin Beheer Bv v Berry Floor Nv and others (No. 2) CA 3-Nov-2005 . .See Also – Unilin Beheer Bv … Continue reading Unilin Beheer Bv v Berry Floor Nv, Information Management Consultancy Design Limited (T/A Responsive Designs), B and Q Plc: CA 30 Jul 2004

Kaisha v Green Cartridge Company (Hong Kong) Limited: PC 30 Apr 1997

(Hong Kong) The claimants complained of the sale by the defendants of refilled cartridges for use with their printers. Held: The spare cartridge manufacturer’s appeal failed: ‘repair is by definition something which does not amount to the manufacture of the patented article, it is not an infringement of the monopoly conferred by the patent. It … Continue reading Kaisha v Green Cartridge Company (Hong Kong) Limited: PC 30 Apr 1997

Ajit Lalvani, Kartar Singh Lalvani Robert Taylor (Patent): IPO 23 May 2013

IPO The two applications relate to a composition for bone health maintenance and a composition for use during lactation, respectively.Prior to considering the inventiveness of the claims of these two applications, the hearing officer addressed the impact of the decision in Human Genome Sciences v Eli Lilly on the relative effects of the jurisprudence of … Continue reading Ajit Lalvani, Kartar Singh Lalvani Robert Taylor (Patent): IPO 23 May 2013

Kapur v Comptroller General of Patents, Designs and Trade Marks: PatC 10 Apr 2008

The applicant sought patents for systems of document management. The applications had been rejected as being for computer programs as such. Held: The exclusion from protection created by the section was to be construed narrowly. In the absence of non-mental limitations, the product should not be excluded. Judges: Floyd J Citations: [2008] EWHC 649 (Pat), … Continue reading Kapur v Comptroller General of Patents, Designs and Trade Marks: PatC 10 Apr 2008

Lantana Ltd v The Comptroller-General of Patents, Designs and Trade Marks: PatC 4 Sep 2013

Peter Prescott QC J set out the four steps to be taken: ‘The approach is in four steps: ‘(1) properly construe the claim; (2) identify the actual contribution; (3) ask whether it falls solely within the excluded subject matter; (4) check whether the actual or alleged contribution is actually technical in nature.’ (see Aerotel at … Continue reading Lantana Ltd v The Comptroller-General of Patents, Designs and Trade Marks: PatC 4 Sep 2013

Autonomy Corporation Ltd v The Comptroller General of Patents, Trade Marks and Designs: PatC 6 Feb 2008

The company appealed against the rejection of its claim for a patent. Held: Lewison J said: ‘The manipulation of data stored on a computer (whether on the computer in use or on a remote computer) is unlikely to give rise to a contribution that exists independently of whether it is implemented by a computer’ Judges: … Continue reading Autonomy Corporation Ltd v The Comptroller General of Patents, Trade Marks and Designs: PatC 6 Feb 2008

Prudential Plc and Another, Regina (on The Application of) v Special Commissioner of Income Tax and Another: SC 23 Jan 2013

The appellants resisted disclosure to the revenue of advice it had received. It claimed legal advice privilege (LAP), though the advice was from its accountants. Held: (Lords Sumption and Clarke dissenting) LAP applies to all communications passing between a client and its lawyers, acting in their professional capacity, in connection with the provision of legal … Continue reading Prudential Plc and Another, Regina (on The Application of) v Special Commissioner of Income Tax and Another: SC 23 Jan 2013

Mentor Corporation v Hollister Incorporated: CA 1993

Lloyd LJ added to the guidance at first instance: ‘In each case sufficiency will thus be a question of fact and degree, depending on the nature of the invention and the other circumstances of the case. But if a working definition is required then one cannot do better than that proposed by Buckley L.J. in … Continue reading Mentor Corporation v Hollister Incorporated: CA 1993

Regina v Comptroller-General of Patents Designs and Trademarks ex parte Ash and Lacey Building Products Ltd: 2002

Revocation was sought on the ground that the patent was invalid because of anticipation by prior publication. The court considered its powers under section 77 in the context of such a revocation application: ‘ . . the power to revoke arises in circumstances where there is a lis between the patentee and the applicant. The … Continue reading Regina v Comptroller-General of Patents Designs and Trademarks ex parte Ash and Lacey Building Products Ltd: 2002

Xtralite (Rooflights) Ltd v Hartington Conway Ltd: ChD 31 Jul 2003

The claimant appealed a refusal of the divisional director to substitute itself as applicant for a patent. Held: The claimant had sold its assets to the respondent. The respondent claimed that an estoppel by representation existed, saying the claimant had made representations in the course of negotiations which it should not now be allowed to … Continue reading Xtralite (Rooflights) Ltd v Hartington Conway Ltd: ChD 31 Jul 2003

Biogen Plc v Medeva Plc: HL 31 Oct 1996

The claim patented sought to protect a genetic molecule rather than a whole mouse namely that the molecule would, if inserted into a suitable host cell, cause the cell to make antigens of the Hepatitis B virus. A recombinant method of making the antigens of a hepatitis virus was patented with a priority date of … Continue reading Biogen Plc v Medeva Plc: HL 31 Oct 1996

Actavis Group PTC EHF and Others v ICOS Corporation and Another: SC 27 Mar 2019

The court considered: ‘the application of the test of obviousness under section 3 of the Patents Act 1977 to a dosage patent. In summary, a patent, whose validity is not challenged, identified a compound as an efficacious treatment but did not identify an optimal dosage regime. A pharmaceutical company, which had acquired the patent, conducted … Continue reading Actavis Group PTC EHF and Others v ICOS Corporation and Another: SC 27 Mar 2019

Shanks v Unilever Plc and Others: SC 23 Oct 2019

The claimant appealed from refusal of statutory compensation under the 1977 Act. He had invented a form of pump which was used by his employers, the respondents in the management of diabetes management. Held: The appeal succeeded: ‘the correct approach to the application of section 40 and the one that does least violence to its … Continue reading Shanks v Unilever Plc and Others: SC 23 Oct 2019

Regina (Ash and Lacy Building Products Ltd) v Comptroller General of Patents, Designs and Trade Marks: ChD 1 Feb 2002

Revocation proceedings were brought before the Comptroller General of Patents, Designs and Trade Marks. The revocation proceedings were withdrawn, but the Comptroller decided to continue his examination. The patent owner sought to challenge this decision. Held: There is a difference between proceedings before the Comptroller conducted under the Manual of the Patent Office, and proceedings … Continue reading Regina (Ash and Lacy Building Products Ltd) v Comptroller General of Patents, Designs and Trade Marks: ChD 1 Feb 2002

Apotex Europe Ltd and others v Beecham Group Plc and Another: Patc 6 Jun 2003

Application by Apotex, to have the trial of an application for declarations of non-infringement heard at the same time as the trial of two other proceedings. Citations: [2003] EWHC 1395 (Pat) Links: Bailii Statutes: Patents At 1977 71 Jurisdiction: England and Wales Citing: See Also – Smithkline Beecham Plc, Glaxosmithkline UK Limited v Apotex Europe … Continue reading Apotex Europe Ltd and others v Beecham Group Plc and Another: Patc 6 Jun 2003

Subsea Intervention Ltd v The Comptroller General of Patents: ChD 19 Nov 2015

The company appealed from refusal of re-instatement of its patent which had expired through non-payment of renewal fees. On payment of the fees, the Patent Office objected that the applicant was not the registered proprietor. Held: The relevant power under section 28(4) was no longer available to the Comptroller. By that stage, the only remaining … Continue reading Subsea Intervention Ltd v The Comptroller General of Patents: ChD 19 Nov 2015

Assicurazioni Generali Spa v Arab Insurance Group (BSC): CA 13 Nov 2002

Rehearing/Review – Little Difference on Appeal The appellant asked the Court to reverse a decision on the facts reached in the lower court. Held: The appeal failed (Majority decision). The court’s approach should be the same whether the case was dealt with as a rehearing or as a review. Tanfern was limited to appeals from … Continue reading Assicurazioni Generali Spa v Arab Insurance Group (BSC): CA 13 Nov 2002

Actavis Group Ptc EHF and Another v Teva UK Ltd and Others: CA 1 Nov 2017

These appeals are concerned with the validity and infringement of a patent concerning tadalafil. Lewison, Kitchin, Floyd LJJ [2017] EWCA Civ 1671, 159 BMLR 108 Bailii England and Wales Cited by: At CA – Actavis Group Ptc EHF and Others v Icos Corporation and Another SC 27-Mar-2019 The court considered: ‘the application of the test … Continue reading Actavis Group Ptc EHF and Another v Teva UK Ltd and Others: CA 1 Nov 2017

Eli Lilly v Actavis UK Ltd and Others: SC 12 Jul 2017

The issue raised on this appeal and cross-appeal is whether three products manufactured by Actavis would infringe a patent whose proprietor is Lilly, namely European Patent (UK) No 1 313 508, and its corresponding designations in France, Italy and Spain. Held: Eli Lilly’s appeal succeeded. The Actavis products directly infringed the respondent’s patents. The Court … Continue reading Eli Lilly v Actavis UK Ltd and Others: SC 12 Jul 2017

Actavis and Others v Eli Lilly and Company: PatC 10 Aug 2016

Patents relating to tadalafil [2016] EWHC 1955 (Pat) Bailii England and Wales Cited by: At First Instance – Actavis Group Ptc EHF and Others v Icos Corporation and Another SC 27-Mar-2019 The court considered: ‘the application of the test of obviousness under section 3 of the Patents Act 1977 to a dosage patent. In summary, … Continue reading Actavis and Others v Eli Lilly and Company: PatC 10 Aug 2016

Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd: SC 3 Jul 2013

Virgin Atlantic Airways Ltd sought to recover damages exceeding 49,000,000 pounds for the infringement of a European Patent which did not exist in the form said to have been infringed. The Technical Board of Appeal of the European Patent Office had retrospectively amended it so as to remove with effect from the date of grant … Continue reading Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd: SC 3 Jul 2013

International Stem Cell Corporation v Comptroller General of Patents: ChD 17 Apr 2013

The company appealed against refusal of patentunder the provision restricting such for ‘uses of human embryos for industrial or commercial purposes’ Held: The matter was referred to the ECJ. Henry Carr QC [2013] EWHC 807 (Ch), [2013] 3 CMLR 14, [2014] RPC 2, BL O/316/12, [2013] 3 CMLR 14, [2014] RPC 2 Bailii Patents Act … Continue reading International Stem Cell Corporation v Comptroller General of Patents: ChD 17 Apr 2013

Dormeuil Trade Mark: ChD 1983

Parties had together applied to register a trade mark. Later one applied and the other opposed, and application. At various times they had been represented by trade mark agents and solicitors. Protection against discovery was now sought as to communications with the trade mark agents. Held: Nourse J refused to extend the protection of legal … Continue reading Dormeuil Trade Mark: ChD 1983

Schutz (UK) Ltd v Werit UK Ltd and Another: PatC 31 Mar 2010

The claimant said that the defendant had infringed its patents regarding containers for the transport of liquids in bulk. The patent provided for a steel cage surrounding a large bottle. The defendant supplied refurbished or replacement bottles. The patent was attacked for obviousness. Held: The claim failed. The court held, inter alia, as to whether … Continue reading Schutz (UK) Ltd v Werit UK Ltd and Another: PatC 31 Mar 2010

Cerise Innovation Technology Ltd vAbdulhayoglu (Patent) O/067/00: IPO 23 Feb 2000

IPO The claimant launched entitlement proceedings in respect of four withdrawn and unpublished patent applications, arguing that the defendant had made the inventions during the course of his duties whilst employed by the claimant. The claimant argued that the defendant was a director of Cerise Innovation at the time when the inventions were made and … Continue reading Cerise Innovation Technology Ltd vAbdulhayoglu (Patent) O/067/00: IPO 23 Feb 2000

Recipero Ltd (Patent): IPO 23 Dec 2014

IPO Excluded fields (refused) – The invention relates to a system for generating electronic security documents on a computing system. The invention provides a new method for generating and storing a security document in a multi-node network in which the document is assigned a unique document identifier including amongst other things a process identifier, and … Continue reading Recipero Ltd (Patent): IPO 23 Dec 2014

Zytronic Displays Limited, Morrison, Ormston and Rudland (Patent): IPO 30 Dec 2014

IPO An uncontested application was filed by the patent agents of the proprietor Zytronic Displays Limited under rule 10(2) of the Patents Rules 2007. As a result, it was found that both Stephen Ormston and Philip Rudland should be mentioned as joint inventors along with Andrew Morrison in the published patent application and granted patent … Continue reading Zytronic Displays Limited, Morrison, Ormston and Rudland (Patent): IPO 30 Dec 2014

Surinder Pal Kaur and Bhupinder Seran (Patent): IPO 31 Jul 2014

IPO This was a Decision on costs following an earlier substantive Decision on entitlement in favour of the defendants. The lack of representation of the claimant prior to the week before the hearing was noted. An award on the scale was made to the defendant, taking this into account. Mr J Elbro [2014] UKIntelP o33614, … Continue reading Surinder Pal Kaur and Bhupinder Seran (Patent): IPO 31 Jul 2014

Wonderland Nurserygoods Company Limited, Jian-Qun Li and Guang-Hui Zhao (Patent): IPO 31 Jul 2014

IPO An uncontested application was filed by Wonderland Nurserygoods Company Limited under rule 10(2) of the Patents Rules 2007 and section 13(3) of the Patents Act 1977. It was found that Guang-Hui Zhao should be mentioned as the sole inventor in relation to the granted patent and directed that an addendum slip mentioning him as … Continue reading Wonderland Nurserygoods Company Limited, Jian-Qun Li and Guang-Hui Zhao (Patent): IPO 31 Jul 2014

Surinder Palkaur v Bhupinder Seran (Patent): IPO 30 May 2014

Entitlement, Inventorship – This was an action brought by the wife and successor-in-title of one of the joint inventors against the other to remove him as both a joint inventor and co-owner. The patent concerned a standalone LED display interconnectable with itself which shows an editable picture. The hearing officer held that the attempts by … Continue reading Surinder Palkaur v Bhupinder Seran (Patent): IPO 30 May 2014

Mclaughlin and Harvey Limited and Openhydro Group Limited (Patent): IPO 30 May 2014

Costs, Entitlement – This was a Decision on costs following an earlier substantive Decision on entitlement in favour of the defendants. Although the claimant’s presentation of its case had suffered from some defects, the hearing officer declined to depart from the standard scale of costs. An award on the scale was made to the defendant. … Continue reading Mclaughlin and Harvey Limited and Openhydro Group Limited (Patent): IPO 30 May 2014

Intellectual Property Office (Decision Notice): ICO 30 Aug 2011

The Secretary of State for Defence provides the Intellectual Property Office (IPO) with a list of technologies that could be considered prejudicial to national security or public safety. If the IPO receives a patent application for an invention employing any of the technology on the list it can issue directions under the Patents Act 1977 … Continue reading Intellectual Property Office (Decision Notice): ICO 30 Aug 2011

Dr Harry Nduka (Patent)O/132/14: IPO 20 Mar 2014

IPO The invention related to a device for controlling incontinence using a bladder pressure sensor and a muscle stimulator. A previous decision relating to this case was appealed by the applicant. The subsequent judgment required the applicant to file suitable amendments to address clarity and support. The application was remitted back to the examiner for … Continue reading Dr Harry Nduka (Patent)O/132/14: IPO 20 Mar 2014

Renesas Mobile Corporation (Patent): IPO 20 Dec 2013

IPO The invention is concerned with calibrating sleep clocks from fast clocks in wireless network apparatus, such as mobile telephones. Sleep clocks are low frequency clocks which run while devices are in an energy saving sleep mode; they are prone to frequency drift. Fast clocks are high frequency clocks which run when devices are awake, … Continue reading Renesas Mobile Corporation (Patent): IPO 20 Dec 2013