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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

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

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

Oren, Tiny Love Limited v Red Box Toy Factory Limited, Red Box Toy (UK) Limited, Index Limited, Martin Yaffe International Limited, Argos Distributors Limited: PatC 1 Feb 1999

One plaintiff was the exclusive licensee of a registered design. The defendant sold articles alleged to infringe the design right. The registered owner had a statutory right to sue for infringement. But the question was whether the licensee could . .

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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

Emerson Electric Co, John Mezzalingua Associates, Inc, Todd A Westley, Richard W Ballas, Richard R Bowles, Brian A Mitchell and Shawn M Chawgo (Patent): IPEC 17 Feb 2015

An uncontested application was filed by the proprietor Emerson Electric Co under rule 10(2) of the Patents Rules 2007. As a result, it was found that Shawn M Chawgo should be mentioned as a joint inventor along with Todd A Westley, Richard W Ballas, Richard R Bowles and Brian A Mitchell in the granted patent … Continue reading Emerson Electric Co, John Mezzalingua Associates, Inc, Todd A Westley, Richard W Ballas, Richard R Bowles, Brian A Mitchell and Shawn M Chawgo (Patent): IPEC 17 Feb 2015

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

International Stem Cell Corporation (Patent): IPO 16 Aug 2012

IPO Patent applications GB0621068.6 and GB0621069.4 relate to methods where parthenogenesis is used to activate a human oocyte (i.e. stimulation of a human oocyte, without fertilisation by a sperm cell) to produce a parthenogenetically-activated oocyte or ‘parthenote’. GB0621068.6 concerns the production of human stem cells from such parthenotes, whilst GB0621069.4 concerns human synthetic corneas and … Continue reading International Stem Cell Corporation (Patent): IPO 16 Aug 2012

Cavity Trays Ltd v RMC Panels Products Ltd: CA 1996

The threats provisions may have the effect of making litigation more rather than less likely. The exclusion in the subsection is limited in its scope. It does not give rise to a general entitlement to threaten manufacturers or importers or users. In particular, if a trader both manufactures and sells products and a patentee threatens … Continue reading Cavity Trays Ltd v RMC Panels Products Ltd: CA 1996

Arm Limited (Patent): IPO 1 Feb 2010

IPO The invention relates to the simulation and testing of programmable devices and associated programs designed to run thereon. Modelling the device and associated programs in this way helps to identify potential problems early on in the development life-cycle so that they can be overcome relatively easily and inexpensively by modification of the original design. … Continue reading Arm Limited (Patent): IPO 1 Feb 2010

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

Kenneth Farr; Orbis Corporation (Patent): IPO 11 Jun 2008

IPO Mr. Farr applied under section 37 of the Patents Act 1977 to be named proprietor/inventor of EP 1268313. The proprietors, Orbis, responded by requesting summary dismissal of Mr. Farr’s claim on the grounds that he had no reasonable chance of success and that the reference was made out of time under section 37(5) of … Continue reading Kenneth Farr; Orbis Corporation (Patent): IPO 11 Jun 2008

CFPH LLC (Patent): IPO 14 Dec 2004

IPO The two applications are concerned with networked interactive wagering on the outcomes of events, with particular emphasis on reducing processing delays to a minimum so that in circumstances where prices are changing continuously, a client is provided with the most up-to-date information before placing a bet. In refusing the application, the hearing officer found … Continue reading CFPH LLC (Patent): IPO 14 Dec 2004

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

Pharmacia Corporation, G D Searle and Company, Pfizer Inc v Merck and Co, Inc, Merck, Sharp and Dohme Limited: CA 14 Dec 2001

Question as to obviousness of patent. Judges: Lord Justice Aldous, Lord Justice Sedley, And, Lady Justice Arden Citations: [2001] EWCA Civ 1610, [2002] ENPR 10, [2002] RPC 41 Links: Bailii Statutes: Patents Act 1977 Jurisdiction: England and Wales Citing: Cited – Brugger v Medic-Aid Ltd (No 2) ChD 1996 B alleged infringement by M of … Continue reading Pharmacia Corporation, G D Searle and Company, Pfizer Inc v Merck and Co, Inc, Merck, Sharp and Dohme Limited: CA 14 Dec 2001

Cavity Trays Ltd v RMC Panel Products Ltd: CA 2 Jan 1996

The exclusion provided in section 70(4) of the 1977 Act is of limited scope. Whatever the legislative intention, it does not give rise to a general entitlement to threaten manufacturers or importers or users. In particular, if a trader both manufactures and sells products and a patentee threatens him with infringement proceedings in respect of … Continue reading Cavity Trays Ltd v RMC Panel Products Ltd: CA 2 Jan 1996

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

Apple Inc (Patent): IPO 15 Mar 2016

IPO The invention related to linking a software application that is pre-installed on a client device with a user account, thereby enabling certain acts to be carried out in relation to that application such as updating or reinstalling the application, or installing the application on another client device associated with the user account. A check … Continue reading Apple Inc (Patent): IPO 15 Mar 2016

Thirkell, WTL Technologies Limited, Maxwell (Patent): IPO 29 Jan 2016

IPO UK patent application GB2502133 was applied for in the name of WTL Technologies Limited and names Len Maxwell as the sole inventor. Ian Dennis Thirkell made an application under section 13(3) of the Patents Act 1977 to the effect that Len Maxwell should not be mentioned as inventor, together with a further application under … Continue reading Thirkell, WTL Technologies Limited, Maxwell (Patent): IPO 29 Jan 2016

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

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

I2 Technologies US, Inc (Patent) O-417-10: IPO 1 Dec 2010

IPO The methods, systems and computer programs described in the application are concerned with the management of a supply chain and particularly with controlling access of trading partners in the supply chain to particular stages or ‘states’ of the supply chain, in particular the trading partner can view the transaction in a given state, the … Continue reading I2 Technologies US, Inc (Patent) O-417-10: IPO 1 Dec 2010

I2 Technologies Us, Inc (Patent) O/416/10: IPO 1 Dec 2010

The application relates to a custom application builder for supply chain management. In particular a user wanting access to supply chain related data may build a ‘custom’ application using data in one or more particular ‘modules’, respective modules relating to subsets of data in the supply chain such as purchase order data, inventory data, forecasting … Continue reading I2 Technologies Us, Inc (Patent) O/416/10: IPO 1 Dec 2010

I2 Technologies Us, Inc (Patent) O/415/10: IPO 1 Dec 2010

IPO The application relates generally to a program based supply chain management. Here the word ‘program’ is not used directly in relation to a computer program but the program is in this sense is rather a definition of a relationship between trading partners, e.g. such as a manufacturer and a vendor. The invention essentially restricts … Continue reading I2 Technologies Us, Inc (Patent) O/415/10: IPO 1 Dec 2010

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

Zymogenetics, Inc, Cindy A Sprecher, L Joseph Kuijper, Maria M Dasovich, J Francis Grant, Angela K Hammond, E Julia Novak, Jane A Gross, R Stacey Dillon and Rolf E Kuestner (Patent): IPO 19 Jun 2013

IPO An uncontested application was filed by Zymogenetics, Inc. under rule 10(2) of the Patents Rules 2007. As a result, it was found that Rolf E. Kuestner should be mentioned as a joint inventor along with Cindy A. Sprecher, L. Joseph Kuijper, Maria M. Dasovich, J. Francis Grant, Angela K. Hammond, E. Julia Novak, Jane … Continue reading Zymogenetics, Inc, Cindy A Sprecher, L Joseph Kuijper, Maria M Dasovich, J Francis Grant, Angela K Hammond, E Julia Novak, Jane A Gross, R Stacey Dillon and Rolf E Kuestner (Patent): IPO 19 Jun 2013

Neath and Neath v Neath: IPO 12 Sep 2013

Patent – Decline to deal, Entitlement – These proceedings relate to the issue of entitlement and in particular a reference under sections 12 and 37 of the Patents Act 1977 in respect of GB2459912 and WO2009/136150. The matter appeared to have been resolved by agreement following mediation. However, there still appeared to be a number … Continue reading Neath and Neath v Neath: IPO 12 Sep 2013

Merrill Lynch’s Application: CA 1989

The invention in this case was an improved ‘data processing system for making a trading market in at least one security in which the system proprietor is acting as principal.’ Held: More than one exclusion can be in play in relation to the same application. Inventive excluded matter cannot count as a technical advance. Fox … Continue reading Merrill Lynch’s Application: CA 1989

Investors Compensation Scheme Ltd v West Bromwich Building Society: HL 19 Jun 1997

Account taken of circumstances wihout ambiguity The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside. Held: Investors having once assigned their causes of action to the ICS, could not later … Continue reading Investors Compensation Scheme Ltd v West Bromwich Building Society: HL 19 Jun 1997

Prudential Plc and Another, Regina (on the Application of) v Special Commissioner of Income Tax and Another: Admn 14 Oct 2009

The company had obtained legal advice but had taken it from their accountants. The Revenue sought its disclosure, and the company said that as legal advice it was protected by legal professional privilege. Held: The material was not protected. The privilege given under the Act by virtue of the Morgan Grenfell decision was limited to … Continue reading Prudential Plc and Another, Regina (on the Application of) v Special Commissioner of Income Tax and Another: Admn 14 Oct 2009