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
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
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
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
Renewed application for leave to appeal against rejection of employee’s invention compensation claim. Floyd LJ [2015] EWCA Civ 787 Bailii Patents Act 1977 40 41 England and Wales Citing: At Chd (1) – Shanks v Unilever Plc and Others ChD 3-Dec-2009 Appeal against refusal to admit supplementary statement of case. The claimant had, while employed … Continue reading Shanks v Unilever Plc and Others: CA 17 Jun 2015
IPO The application relates to a method of enabling an application running on an operating system on a portable computing device to access files stored on removable storage medium. Memory on different devices is typically managed according to different directory structures. In practice, this means that a file request from a device running on one … Continue reading Symbian Ltd (Patent): IPO 20 Aug 2007
IPO All three applications (which were unrelated) related to ways of determining the awards and bonuses to be paid to players of gaming machines, and were refused. Applying the four-step Aerotel/Macrossan test in the light of the recent judgments in Oneida Indian Nation and IGT( [2007] EWHC 0954, 1341) the hearing officer held that, irrespective … Continue reading IGT (Patent) O/184/07: IPO 4 Jul 2007
IPO This application relates to an electronic gaming machine such as a ‘slot machine’ wherein players receive monetary awards which are displayed, for example, in the form of a three digit number. The player can then choose whether to keep the original award or to modify or gamble the award. A number of methods are … Continue reading IGT (Patent) O/099/07: IPO 5 Apr 2007
IPO Excluded fields (allowed) – The applications relate to the use of parallel processing in active memory applications. Following the CFPH approach, the Hearing Officer was able to identify an advance in the art that lay outside the description of an invention in the sense of Article 52 of the EPC. However, he could find … Continue reading Micron Europe Limited (Patent): IPO 20 Sep 2006
(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
The claimant professor had invented a pump mechanism which came to be used by his employers for the sale of pumps used to manage diabetic testing. He appealed against refusal of statutory compensation. Judges: Patten, Briggs, Sales LJJ Citations: [2017] EWCA Civ 2, [2017] WLR(D) 32, [2017] Bus LR 883, [2017] RPC 15 Links: Bailii, … Continue reading Shanks v Unilever Plc and Others: CA 18 Jan 2017
The plaintiff alleged that the defendant had copied its house designs after a senior employee involved in creating the designs left and eventually came to work for the defendant. The plaintiff alleged that the copying was flagrant allowing . .