A pop group had posed at a specially devised scene, consisting of a white Rolls Royce in the swimming pool of a hotel and incorporating various other props. The object of the exercise was to take a photograph to be used as a record cover. The defendants commissioned a freelance photographer to take photographs of … Continue reading Creation Records Ltd and Another v News Group Newspapers Ltd: ChD 29 Apr 1997
Judges: Laddie J Citations: [1997] EWHC 372 (Pat), [1998] RPC 31 Links: Bailii Statutes: Patents Act 1977 Jurisdiction: England and Wales Intellectual Property Updated: 01 February 2022; Ref: scu.420014
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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The claimant had sought a declaration as to the ownership of a patent, and now said that a witness had procured his earlier judgment by perjury. The witness now said that he had formed his statement against a feeling of oppression by the threat of a US lawsuit. Held: The decision in the first proceedings … Continue reading Cinpres Gas Injection Ltd v Melea Ltd: ChD 9 Oct 2006
The claimants ran a guinea pig farm. They and their neighbours applied for injunctions and an exclusion zone to keep away the defendants who campaigned against the breeding of animals for research. Held: The claimants had been subjected to a long and sustained campaign of harassment by the defendant organisation and its associates. The court … Continue reading Hall and others v Save Newchurch Guinea Pigs (Campaign) and others: QBD 17 Mar 2005
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
An injunction without time limit should normally be granted immediately where there was clear infringement and a threat of continued infringement. Copyrights can sometimes typically be identified only by reference to the trade marks under which the copyright recordings have been released. Judges: Lord Woolf MR Citations: Times 10-Feb-1998, [1998] EWCA Civ 137, [1998] 1 … Continue reading Phonographic Performance Limited v Maitra and Others: CA 3 Feb 1998
PO Patents – Inter Partes Decisions – In an EP patent that had been found bad for lack of novelty and obviousness (see Decision O/147/97) an opportunity for amendment was given. When the applicant tried to take advantage of this opportunity, the proposed amendments were opposed, initially by Morgan only and subsequently by both Morgan … Continue reading Kaiser v Morgan and Schmidt: IPO 14 Aug 2000
Mr Jackson was a specialist in diagnostics technology (with a particular interest in dipsticks) whilst Carbury Herne (CHL) were specialists in paper treatment. In 1995-6 they collaborated to produce new dipstick technology involving coating paper with an impermeable polymer with untreated areas allowing liquid to reach diagnostic agents carried by the dipstick. Plans to form … Continue reading James Richard Jackson v Carbury Herne Ltd (Patent): IPO 28 Mar 2000
The patentee had invented a method for storing CDs. The patentee sought leave to appeal a finding that its patent was invalid, and if successful, to appeal a finding that the defendant’s apparatus was not infringing. Held: The application for leave to appeal did involve a judicial finding sufficient to satisfy the obligation under TRIPS. … Continue reading Pozzoli Spa v BDMO Sa and Another: CA 22 Jun 2007
Cere Needed Releasing Future Claims A compromise agreement which appeared to claim to settle all outstanding claims between the employee and employer, did not prevent the employee later claiming for stigma losses where, at the time of the agreement, the circumstances which might lead to a claim were unknown to either party, and such losses … Continue reading Bank of Credit and Commerce International SA v Ali, Khan and others (No 1); BCCI v Ali: HL 1 Mar 2001
Councillors Liable for Unlawful Purposes Use The defendant local councillors were accused of having sold rather than let council houses in order to encourage an electorate which would be more likely to be supportive of their political party. They had been advised that the policy would be unlawful and leave the authority unable to meet … Continue reading Porter and Weeks v Magill: HL 13 Dec 2001
In each case it was said that the requested patent concerned an invention consisting of a computer program, and was not therefore an invention and was unpatentable. In one case a patent had been revoked on being challenged, and in the other, the appeal was against refusal. Held: Jacob LJ said: ‘the court must approach … Continue reading Aerotel Ltd v Telco Holdings Ltd and others, In re Patent Application GB 0314464.9 in the name of Neal Macrossan Rev 1: CA 27 Oct 2006
The claimants said that the defendant had misused confidential information sent to him to found an application for a patent, claiming wrongly to have been its inventor. The claimant appealed a refusal by the court to allow amendments to the . .
Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index