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In re IBM’s European Patent Application No 96 305 851 6: EPC 15 Apr 1999

Though a computer program could not be patentable itself, the words ‘as such’ in the Patents Convention limited that exclusion, and a computer program properly said to produce a further technical effect was capable of protection by patent. Citations: Times 15-Apr-1999 Statutes: European Patents Convention 1973 Art 52(2) 52(3) Jurisdiction: European Intellectual Property Updated: 08 … Continue reading In re IBM’s European Patent Application No 96 305 851 6: EPC 15 Apr 1999

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

Sepracor Inc v Hoechst Marion Roussel Ltd et al: ChD 1 Mar 1999

Where a party has been given a right by convention to sue in a Convention country, he is not to be disentitled from so doing, but where the facts only allowed an inference of infringement by a co-infringer this was insufficient to found jurisdiction. Citations: Times 01-Mar-1999 Statutes: European Patents Convention 1973 Jurisdiction: England and … Continue reading Sepracor Inc v Hoechst Marion Roussel Ltd et al: ChD 1 Mar 1999

Kimberley-Clark Worldwide Inc v Proctor and Gamble Ltd and Another: CA 1 Dec 1999

Where a party to an action asserted that the patent holder had abused his monopoly position, the courts in England had discretion to refuse the patent holder leave to apply to amend his patent. When dealing with such issues, the court was entitled to take into account a wider range of issues than that contemplated … Continue reading Kimberley-Clark Worldwide Inc v Proctor and Gamble Ltd and Another: CA 1 Dec 1999

Synthon Bv v Smithkline Beecham Plc: HL 20 Oct 2005

Synthon filed an international application for a patent. Before it was published, SB filed a similar application in the UK patents registry. Synthon had applied for the UK patent granted to SB to be revoked. Jacob J had found that the reader of the application, seeking to crystallise PMS, would be able to overcome any … Continue reading Synthon Bv v Smithkline Beecham Plc: HL 20 Oct 2005

Mannai Investment Co Ltd v Eagle Star Assurance: HL 21 May 1997

Minor Irregularity in Break Notice Not Fatal Leases contained clauses allowing the tenant to break the lease by serving not less than six months notice to expire on the third anniversary of the commencement date of the term of the lease. The tenant gave notice to determine the leases on 12th January 1995, although the … Continue reading Mannai Investment Co Ltd v Eagle Star Assurance: HL 21 May 1997

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