Action for infringement of UK patent Judges: Mr Justice Pumfrey Citations: [2007] EWHC 2258 (Pat) Links: Bailii Jurisdiction: England and Wales Intellectual property Updated: 04 December 2022; Ref: scu.261325
The prosecutor appealed dismissal of a charge of receiving a broadcast television programme with intent to avoid payment. The defendant ran a public house. She acquired a card which allowed her to receive transmissions from a Greek satellite broadcasting premier league football matches. The intellectual property rights to such matches in the UK lay with … Continue reading Murphy v Media Protection Services Ltd: Admn 21 Dec 2007
Application by the defendant for a stay of a revocation action pending the outcome of EPO opposition proceedings in relation to the patent in suit. Judges: Patten J Citations: [2007] EWHC 1921 (Pat) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Research In Motion UK Ltd v Visto Corporation PatC 28-Feb-2008 . . … Continue reading Research In Motion UK Ltd v Visto Corp: PatC 1 Aug 2007
The employee had patented in the US a trading system he invented whilst employed by the defendant, who now sought ownership. He appealed a finding that the inventions had been made during the normal course of his employment. The employment contract provided: ‘All trade secrets, inventions, written documents, and other confidential information developed or created … Continue reading Liffe Administration and Management v Pinkava and Another: CA 15 Mar 2007
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
IPO The application relates to a method for generating links related to the content of an active window displayed on a computer screen and for embedding an icon representing these links within, for example, the title bar of the window. The application also discloses how a summary of one of these links is displayed when … Continue reading Autonomy Corporation Ltd (Patent): IPO 7 Nov 2007
IPO In apparatus for electronic trading a spreadsheet application calculated a series of trading commands from incoming market data and stored them in a queue to be sent at predetermined intervals to an electronic trading system (ETS); since the commands might not be synchronised with market conditions by the time they were transmitted they were … Continue reading CFPH LLC (Patent): IPO 10 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 The application is concerned with a method of operating gaming machines in which players are offered games in which they can exercise a level of skill, strategy or risk. A proportion of the award (whether won or lost) from this play is fed into a steadily increasing jackpot, and the player is then able … Continue reading IGT (Patent) O/167/07: IPO 13 Jun 2007
The hearing officer had deferred a decision on whether to order the claimant to give security for costs in revocation proceedings (see O/345/06) in order to allow either party to request a written opinion. The claimant so requested and the proceedings were stayed to await the opinion. This found that all claims lacked novelty over … Continue reading Ian Popeck v Runaway Technology, Inc (Patent): IPO 24 May 2007
As a result of an uncontested application filed under Section 13(1) by DNA Electronics Ltd, it was found that Leila Shepherd should be mentioned as a joint inventor in any patent granted for the invention and directed that an addendum slip be prepared mentioning her as a joint inventor for the published patent application for … Continue reading DNA Electronics Ltd, Christofer Toumazou, Bhusana Premanode and Leila Shepherd (Patent): IPO 14 May 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 This application relates to an electronic gaming machine such as a ‘slot machine’ wherein players begin the game by pulling an arm or pushing a button which in turn rotates a series of reels or an equivalent video representation thereof, if when the reels stop, a winning arrangement of symbols is displayed, the player … Continue reading IGT (Patent) O/097/07: IPO 5 Apr 2007
IPO Excluded fields (refused) – In a gaming machine, different results were classified into sets producing the same outcome, all results producing the same outcome being in the same set; the results were numbered and stored in a memory with the outcomes; and a processor randomly selected one of the outcomes and one of the … Continue reading IGT (Patent) O/077/07: IPO 15 Mar 2007
IPO Added subject matter, Excluded fields (refused) – The invention related to a trajectory-based game of chance for implementation on a video gaming machine. The claim related to a gaming machine but in the light of Aerotel/Macrossan [2006] EWCA Civ 1371 it was agreed that the contribution was a data structure including a probability distribution … Continue reading IGT (Patent) O/054/07: IPO 22 Feb 2007
Appeal against refusal of request that the United Kingdom Intellectual Property Office should decline to deal with entitlement proceedings brought by Luxim in favour of the High Court. Judges: Warren J Citations: [2007] EWHC 1624 (Ch) Links: Bailii Statutes: Patents Act 1997 12(2) Jurisdiction: England and Wales Intellectual Property, Litigation Practice Updated: 11 September 2022; … Continue reading Luxim Corp v Ceravision Ltd: ChD 9 Jul 2007
The claimant sought to continue an interim injunction obtained without notice. The claimant sought to restrain former employees misusing information it claimed they had taken with them. The claimants said that having objected to a transfer of their employments they had not become employees of the claimant. Held: Where an employee did not know the … Continue reading New ISG Ltd v Vernon and others: ChD 14 Nov 2007
Citations: [2007] EWHC 1367 (Pat) Links: Bailii Jurisdiction: England and Wales Intellectual Property Updated: 11 July 2022; Ref: scu.253477
The defendant appealed against a finding of copyright infringement in a computer game. Held: The appeal failed. The court must identify the artistic work relied upon and then decide whether it has been reproduced by copying of the work as a whole or of any substantial part of it. ”Graphic work’ is defined as including … Continue reading Nova Productions Ltd v Mazooma Games Ltd and others: CA 14 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
Claim for copyright infringement in designs for badges. Judges: Rimer J Citations: [2007] EWHC 1372 (Ch) Links: Bailii Statutes: Copyright, Designs and Patents Act 1988 51 Jurisdiction: England and Wales Intellectual Property Updated: 05 July 2022; Ref: scu.253463
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
Where partnership terms required benefit of all contracts to be assigned to the partnership, this included unassignable personal contracts which were to be held in trust for partnership, unless stated otherwise.Lightman J said: ‘The existence of an obligation binding the conscience of the person vested with the legal ownership is the hallmark of a trust.’ … Continue reading Don King Productions Inc v Warren and Others: ChD 13 Apr 1998
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
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
ECJ Brussels Convention – Article 16(4) – Proceedings concerned with the registration or validity of patents – Exclusive jurisdiction of the court of the place of deposit or registration – Declaratory action to establish no infringement – Question of the patent-?s validity raised indirectly. Citations: C-4/03, [2006] EUECJ C-4/03, [2006] FSR 45, [2007] ILPr 34, … Continue reading Gesellschaft fur Antriebstechnik mbH and Co. KG v Lamellen und Kupplungsbau Beteiligungs KG: ECJ 13 Jul 2006
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
The patent at issue was retrospectively amended by the EPO to limit its scope to valid claims, after the English court had given judgment in favour of the patentee. The ‘vexation’ associated with the pursuit of two proceedings challenging the validity of the patent was an inescapable feature of the statutory scheme which conferred concurrent … Continue reading Unilin Beheer Bv v Berry Floor Nv and others: CA 25 Apr 2007
The defendants had taken on the delivery of a quantity of the claimant’s computers. The equipment reached one depot, but then was lost or stolen. The parties disputed whether the Convention rules applied. UPS said that the claimant had agreed that the value of any one item did not exceed the stated limit. The claimants … Continue reading Datec Electronics Holdings Ltd and others v United Parcels Services Ltd: HL 16 May 2007
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
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
IPO An uncontested application was filed by Medimmune Vaccines, Inc. under rule 10(2) of the Patents Rules 2007 and section 13(3) of the Patents Act 1977. It was found that both John Michael Berry and Weldong Cui should be mentioned as joint inventors in relation to the granted EP (UK) patent and directed that an … Continue reading Medimmune Vaccines, Inc, Robert George Trager, George Kemble, Richard M Schwartz, Harshvardhan Mehta, Vu Truong-Le, Zhongying Chen, A Alfred Pan, Eric Tsao, Kathy Chiaoyin Wang, Luisa Yee, Palani Balu, John Michael Berry and Weldong Cui: IPO 4 Nov 2013
An uncontested application was filed by Nike International Ltd. under rule 10(2) of the Patents Rules 2007. As a result, it was found that both Bruce J. Kilgore and Michael R. Friton should be mentioned as joint inventors along with Eric P. Avar and James A. Grove in the granted patent for the invention and … Continue reading Nike International Ltd, Avar, Grove, Kilgore and Friton (Patent): IPO 2 Aug 2013
Inventorship – An uncontested application was filed by Rashid Masood under rule 10(2) of the Patents Rules 2007. As a result, it was found that Rashid Masood should be mentioned as a joint inventor along with Mohsen Miraftab in the published patent application and directed that an addendum slip mentioning him as a joint inventor … Continue reading University of Bolton, Mohsen Miraftab and Rashid Masood (Patent): IPO 16 Sep 2013
IPO An uncontested application was filed by Philippe Bencteux under rule 10(2) of the Patents Rules 2007. As a result, it was found that Steevy Cordette should be mentioned as a joint inventor along with Philippe Bencteux in the granted patent for the invention and directed that an addendum slip mentioning him as a joint … Continue reading Philippe Bencteux and Steevy Cordette (Patent): IPO 9 Sep 2013
Whitmar claimed damages for breach of contract; an account of profits; damages for breach of fiduciary duty and/or for infringement of its Database Rights under the Copyright and Rights in Database Regulations 1997; and for a permanent injunction restraining the Defendants from using and disclosing its confidential information obtained during their employment by Whitmar. Held: … Continue reading Whitmar Publications Ltd v Gamage and Others: ChD 4 Jul 2013
genzymeIPO102013 Supplementary Protection Certificate SPC/GB/04/031 was granted for colesevelam hydrochloride, the active ingredient in the medicinal product Cholestagel [RTM] used to treat hypercholesterolaemia. As part of a request for an extension to the period of protection provided by the granted SPC, the applicant requested that date of expiry for the term of protection of this … Continue reading Genzyme Corporation (Patent): IPO 22 Oct 2013
The inventor company appealed against rejection of its application for a patent for a computer program. Held: The appeal failed: ‘on the facts found by the Hearing Officer, the invention is no more than the computerisation of a process which could already be done without a computer. It has no relevant technical effect. Accordingly, the … Continue reading Lantana Ltd v The Comptroller General of Patents, Design and Trade Marks: CA 13 Nov 2014
AI created Invention is not Patentable The case appears to be about artificial intelligence and whether AI-based machines can make patentable inventions – correct processing of application Held: The appeal failed. On the face of the Form 7s he filed, Dr Thaler did not comply with either of the requirements laid down by section 13(2), … Continue reading Thaler v Comptroller General of Patents Trade Marks and Designs: CA 21 Sep 2021
No Pattern Established to Patent Computer Systems The Comptroller appealed against the decision in Chancery to grant a patent to the clamant for an invention which the comptroller said should have been excluded from protection under section 1(2) as a computer program. It was argued that the UK was taking a different approach to the … Continue reading Symbian Ltd v Comptroller General of Patents: CA 8 Oct 2008
IPO An uncontested application was filed by the patent agents of the proprietor Arvia Technology Limited under rule 10(2) of the Patents Rules 2007. As a result, it was found that Syed Hussain should be mentioned as a joint inventor along with Edward P L Roberts and Nigel Willis Brown in the published patent application … Continue reading Arvia Technology Limited, Edward P L Roberts, Nigel Willis Brown and Syed N Hussain (Patent): IPO 16 Oct 2013
The claimant alleged passing off by the defendant’s use of the name ‘Boca Bistro Cafe’, and subsequently ‘Bica Bistro Cafe’ Held: Where the defendant had changed its trading style during the proceedings it was possible, if the claimant believed that confusion remained, for the claimant to alter his claim to include the new trading style. … Continue reading Bocacina Ltd v Boca Cafes Ltd: IPEC 14 Oct 2013
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
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 . .
Application for revocation of patent . .
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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The issue concerns whether the request to reinstate the application was filed within the time allowed by Rule 32(1) and if so should it then be reinstated under the provisions of Section 20A. The applicants failed to place the application in order for grant before the compliance period expired on 30 April 2013, so the … Continue reading Jiri George Frank Krizek and Jan David Krizek (Patent): IPO 14 Oct 2014
(Grand Chamber) The court had to decide whether tax proceedings brought by the state against an individual involved the determination of a civil right within the meaning of article 6(1). It was argued by the Government that the existence of an individual’s tax obligation to pay tax belonged exclusively to the realm of public law … Continue reading Ferrazzini v Italy: ECHR 12 Jul 2001
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
Contracts between the members of a firm and third parties, and which were subject to the partnership contract, but which were expressed to be personal and incapable of assignment, were still held on trust for the partnership, and renewals made before a winding up of the partnership were also held in trust. The benefit of … Continue reading Don King Productions Inc v Warren; Roberts; Centurion Promotions Limited (Formerly Sports Network Limited); Sports Network Usa, Inc; Time Warner Entertainment Company, Lp and Sport International, Inc: CA 19 Nov 1998
Citations: [2008] EWHC 1379 (Pat), [2009] FSR 1 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Markem Corporation and Another v Zipher Ltd CA 22-Mar-2005 A patent which was applied for as a result of a breach of confidence may be capable of giving the victim of the breach the benefit of an … Continue reading Zipher Ltd v Markem Systems Ltd and Another: PatC 25 Jun 2008
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
The claimant had produced the Star War films which made use of props, in particular a ‘Stormtrooper’ helmet designed by the defendant. The defendant had then himself distributed models of the designs he had created. The appellant obtained judgment against the respondent in the US for punitive damages, but these had not been collected, and … Continue reading Lucasfilm Ltd and Others v Ainsworth and Another: SC 27 Jul 2011
Third party terms – Patent GB2310274 was announced as ceased in the Patents Journal due to a failure to pay the 14th year renewal fee. The Office had however failed to process a notification of a change of address for service correctly which had resulted in the renewal reminder being sent to the wrong address. … Continue reading Charalambous (Patent): IPO 29 Nov 2010
IPO An uncontested application was filed by Toyota Jidosha Kabushiki Kaisha originally under section 13(1) of the Patents Act 1977 though the application was subsequently taken as filed under rule 10(2) of the Patents Rules 2007. It was found that that Steffen Nowotny and Siegfried Scharek should also be mentioned as joint inventors in relation … Continue reading Toyota Jidosha Kabushiki Kaisha, Yoshinori Ishikawa, Akio Sato, Steffen Nowotny and Siegfried Scharek (Patent): IPO 16 Dec 2008
(Patent) An uncontested application was filed by Smart Holograms Limited under rule 10(2) of the Patents Rules 2007 and section 13(3) of the Patents Act 1977. It was found that Roger Bradley Millington should be mentioned as sole inventor in relation to any patent granted for the invention and directed that an addendum slip mentioning … Continue reading Smart Holograms Limited,Millington, Lowe, Davidson, Blyth, Kabilan and Marshall: IPO 27 Nov 2008
IPO An uncontested application was filed by Sankar K. Paul, Luis D. Borges and Allen F. Horn III, originally under section 13(1) of the Patents Act 1977 though the application was subsequently taken as filed under rule 10(2) of the patents Rules 2007. As a result, it was found that Sankar K. Paul, Luis D. … Continue reading World Properties Inc, Sankar K Paul, Luis D Borges and Allen F Horn Iii, Murali Sethumadhavan, Richard T Traskos and Michael E St Lawrence (Patent): IPO 7 Jul 2008
IPO An uncontested application was filed by MSP Corporation, originally under section 13(1) of the Patents Act 1977 though the application was subsequently taken as filed under rule 10(2) of the Patents Rules 2007. As a result, it was found that Nicholas C Miller should also be mentioned as a joint inventor in the published … Continue reading Msp Corporation, Nicholas C Miller, Virgil A Marple, Daryl L Roberts and Benjamin Y H Liu (Patent): IPO 16 Jul 2008
IPO An uncontested application was filed by ABB Research Ltd under rule 10(2) of the Patents Rules 2007. As a result, it was found that Sean Keeping, Roger Arnold, Martin Ashford and Steve Eeles should also be mentioned as joint inventors in any patent granted for the invention and directed that an addendum slip mentioning … Continue reading Abb Research Ltd, Sean Keeping, Roger Arnold, Martin Ashford, Steve Eeles and Others (Patent): IPO 18 Jul 2008
IPO The invention provided, in a brokerage system which allowed a user to obtain digital content from third party providers via a networked system, a means to store information about the functionality and capability of one or more devices held by the user and supply the information to the provider so that the provider could … Continue reading ATT Knowledge Ventures, LP (Patent): IPO 2 Jul 2008
IPO As a result of an uncontested application filed under section 13(1) of the Patents Act 1977 by MSP Corporation, the relevant provision now being rule 10(2) of the Patents Rules 2007, it was found that Nicholas C Miller should also be named as a joint inventor in the published patent application and granted patent … Continue reading MSP Corporation, Nicholas C Miller, Virgil A Marple, Daryl L Roberts and Benjamin Y H Liu (Patent): IPO 22 May 2008
IPO An uncontested application was filed by Beertech UK Limited 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. An uncontested application was also filed by Beertech UK Limited under section 13(3). It was found that Narendra Patel should … Continue reading Beertech UK Limited, Jolley, Comerford and Patel (Patent): IPO 26 Nov 2008
The applicants were detained at Rampton. The form of detention denied the access to space in which they would be able to smoke cigarettes to comply with the law. Held: The claim failed. The legislative objectives were sufficiently serious to support as rational the imposition of the rules. Having a mental illness is not a … Continue reading G, Regina (on the Application of) v Nottinghamshire Healthcare NHS Trust: Admn 20 May 2008
The claimant had alread challenged the validity of the defendant’s registered trade mark, but sought to do so now on grounds which could have been advanced in the earlier case. The claimant owned the trade mark ‘SPAM’ for canned meats, and the defendant had the mark ‘SPAMBUSTER’ for computer programs. Held: The claim was estopped. … Continue reading Hormel Foods Corporation v Antilles Landscape Investments NV: ChD 24 Jan 2005
A patent which was applied for as a result of a breach of confidence may be capable of giving the victim of the breach the benefit of an interest in the patent. In the UK at least the basis of an entitlement claim must be a breach of the claimant’s right to the invention and … Continue reading Markem Corporation and Another v Zipher Ltd: CA 22 Mar 2005
The defendant newspaper appealed summary judgment against it for breach of confidence and copyright infringement having published the claimant’s journals which he said were private. Held: Upheld, although the judge had given insufficient weight to the fact that the information was received under an express obligation of confidence. The court recognised that a duty of … Continue reading Associated Newspapers Ltd v Prince of Wales: CA 21 Dec 2006
An uncontested application was filed by Power-Sprays Limited, originally under section 13(1) of the Patents Act 1977 though the application was subsequently taken as filed under rule 10(2) of the Patents Rules 2007. As a result, it was found that Glyn Andrew Bosley should also be mentioned as a joint inventor in any patent granted … Continue reading Power-Sprays Limited, Ian G White and Glyn Andrew Bosley (Patent): IPO 18 Jun 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
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
The patent application had been presented to the European Patent Office and granted only after 13 years. The claimant now appealed refusal to allow amendment of its claim to allow a claim in its sole name. The defendant argued that it was out of time. Held: The appeal succeeded: ‘ the long-standing rule of practice … Continue reading Rhone-Poulenc Rorer International Holdings Inc and Another v Yeda Research and Development Co Ltd: ChD 16 Feb 2006
Judges: Pumfrey J Citations: [2005] EWHC 2416 (Pat), [2006] RPC 293 Links: Bailii Statutes: Patents Act 1977 1(2) Citing: Appeal from – Shopalotto.Com Limited PO 14-Mar-2005 PO Patent Office – Ex Parte Decisions. . . Cited by: Cited – Cappellini and Bloomberg, Re PatC 13-Mar-2007 The applicants appealed rejection of their applications for patents. The … Continue reading Shopalotto.Com Ltd, Re Patent Application Gb 0017772.5: PatC 7 Nov 2005
In the context of deciding as to the patentability the use of the description ‘technical’ was ‘a useful servant but a dangerous master’. Peter Prescott QC discussed the importance of being clear as to the meaning of an ‘invention’ saying: ‘does it really matter? Is it merely a sterile argument about the meaning of words? … Continue reading CFPH LLC, Patent Applications By: PatC 21 Jul 2005
The claimant alleged copyright infringement in respect of computer games in the coin operated video market. It was said not that the games copied bitmap graphics, but rather the composite frames which appeared on the screen. Held: The games were not protected as a dramatic work: ‘it is not a work of action which is … Continue reading Nova Productions Ltd v Mazooma Games Ltd and others: ChD 20 Jan 2006
Directors of one company fraudulently diverted substantial sums to another company owned by one of them. The defrauded company sought return of the funds, from the company and from the second director on the basis that the corporate veil should be lifted by treating the receipt by the company as his. Held: Not every impropriety … Continue reading Trustor Ab v Smallbone and Another (No 2): ChD 30 Mar 2001
Proceedings had been brought by a third party in which the patent had been revoked. The Defendant in the first proceedings now sought release from an enquiry as to damages after being found, before the revocation, to have infringed the patent. Held: (Lord Justice Neuberger dissenting) The defendant was bound by the order for an … Continue reading Coflexip S A and Another v Stolt Offshore Ms Ltd and others: CA 27 Feb 2004
The claimants suspected the defendants of wrongfully using their confidential information. Their staff made an initial investigation. They obtained a search and seizure order; and the material seized was examined by the staff. A Tomlin Order was made, under which an issue between the parties as to the defendants’ liability to the claimants for their … Continue reading Admiral Management Services Ltd v Para-Protect Europe Ltd and Others: ChD 4 Mar 2002
NATS had tendered unsuccessfully for a contract to provide air traffic control services at Gatrwick airport, and challenged the award. GAL denied that the Regulations applied and now sought disapplication of the automatic suspension from the award of contracts pending resolution. Held: The automatic suspension under the Regulations should not be lifted. The issue of … Continue reading NATS (Services) Ltd v Gatwick Airport Ltd and Another: TCC 2 Oct 2014
The court set out tests of bad faith for applications for the registration of trade marks: ‘I shall not attempt to define bad faith in this context. Plainly it includes dishonesty and, as I would hold, includes also some dealings which fall short of the standards of acceptable commercial behaviour observed by reasonable and experienced … Continue reading Gromax Plasticulture Ltd v Don and Low Nonwovens Ltd: PatC 12 Jun 1998
The claimant film artist showed a film to an advertising agency, who did not make use of it, but later appeared to use techniques and styles displayed in the film in subsequent material sold to third parties. Held: A film was protected as a dramatic work subject to copyright law, but not the artistic techniques … Continue reading Mehdi Norowzian v Arks Ltd and Guinness Brewing Worldwide Limited (No 2): CA 11 Nov 1999
Textile export quotas (a permission to export textiles) which were surplus to the exporter’s requirements, which could be bought and sold under the apprpriate Hong Kong legislation, may be ‘property’ for the purposes of the law of theft. Citations: [1987] 1 WLR 1339 Cited by: Cited – Ultraframe (UK) Ltd v Fielding and others ChD … Continue reading Attorney-General of Hong Kong v Nai-Keung: PC 1987
A liquidator claimed that the costs of an unsuccessful attempt to set a floating charge aside should be paid out of the assets subject to the charge in priority to the claims of the charge holder. Held: The rule was a complete statement of the possible expenses to be paid out under the rules: ‘The … Continue reading In re M C Bacon Ltd: ChD 1990
The applicant sought a European patent for a method of calculating and controlling pensions benefits. The claim was ‘1. A method of controlling a pension benefits program by administering at least one subscriber employer account on behalf of each subscriber employer’s enrolled employees each of whom is to receive periodic benefits payments, said method comprising: … Continue reading Pension Benefits: EPOBA 2000
The court was asked as to ‘the availability of the defence of illegality to a claim on a cross-undertaking in damages where (1) the holder of a patent enforceable in this jurisdiction has obtained an interim injunction against the defendant from selling infringing products here, (2) the patent is subsequently held to be invalid and … Continue reading Les Laboratoires Servier and Another v Apotex Inc and Others: CA 3 May 2012
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
Copyright Claim: Was it Copied, and How Much? The claimant sought to enforce its copyright in artwork for a fabric design Ixia, saying the defendant’s design Marguerite infringed that copyright. Two issues faced the House. Just what had been copied and if any, then did this amount amount to the whole or a substantial part … Continue reading Designers Guild Ltd v Russell Williams (Textiles) Ltd (Trading As Washington DC): HL 28 Nov 2000
The claimant said that the defendant had, through its members visiting their premises, breached the licence under which they entered, by taking photographs and distributing them on the internet, and in so doing also infringing the performance rights of the claimant. Held: On breach of confidence, the parties had an arguable cases on each side, … Continue reading Heythrop Zoological Gardens Ltd (T/A Amazing Animals) and Another v Captive Animals Protection Society: ChD 20 May 2016
MPS had contracted to bring private prosecutions for unlawful reception and display of premier league football matches. It now appealed from a dismissal of the information. Held: The appeal failed. The director laying the information in the name of a private limited company, when acting for reward on behalf of a client in the course … Continue reading Media Protection Services Ltd v Crawford and Another: Admn 16 Aug 2012
These proceedings raise, for the first time in the courts of the United Kingdom, the question how the concepts of sufficiency and infringement are to be applied to a patent relating to a specified medical use of a known pharmaceutical compound. Four issues arose: (i) the construction of the claims (in particular, Claim 3 as … Continue reading Warner-Lambert Company Llc v Generics (UK) Ltd (T/A Mylan) and Another: SC 14 Nov 2018
The Reef pop group applied to register ‘REEF’ for Classes 25 and 26 – e.g. T-shirts, badges, etc. South Cone opposed them as registered proprietors of ‘Reef Brazil’ for the footwear which also was included in Class 25. South’s reputation was primarily amongst surfers. The Hearing Officer conducted a ‘multi-factorial’ comparison, and rejected the opposition … Continue reading Bessant and others v South Cone Incorporated; in re REEF Trade Mark: CA 28 May 2002
Patent properly granted The House considered the patentability of a chemical product, citalopram made up of two enantiomers, as opposed to the process of its creation, questioning whether it could be new or was insufficient within the 1977 Act. Held: The appeal against the patent was dismissed. The separated form, the (+) entantiomer had not … Continue reading Generics (UK) Ltd and others v H Lundbeck A/S: HL 25 Feb 2009
The defendant solicitors had acted for a purchaser, Crowngate, which had agreed to buy a property from a company called Mirage for andpound;775,000. Crowngate had arranged however that the property would first be passed through a chain of two intermediate purchaser companies, Panther and Kohli, with Kohli then selling to Crowngate at a stated price … Continue reading Target Holdings Ltd v Redferns (A Firm) and Another: HL 21 Jul 1995
Where a person already has contractual relations with another, his assumption of a fiduciary role in relation to that other will not necessarily require him to abandon his own contractual interests. (1874-5) LR 7 HL 318, (1872) LR 8 LRCh App 309 England and Wales Citing: Appeal from – Vyse v Foster CA 1872 James … Continue reading Vyse v Foster: HL 1874
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
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
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
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
IPO Inventorship – An uncontested application was filed by the proprietor Funky Moves Ltd under rule 10(2) of the Patents Rules 2007. As a result, it was found that Thomas David Binnie should be mentioned as a joint inventor along with Ralf Kinnert in the published patent application and granted patent for the invention and … Continue reading Funky Moves Ltd, Kinnert and Binnie (Patent): IPO 5 Jun 2014
IPO Inventorship – An uncontested application was filed by the proprietor E.V. Offshore Limited under rule 10(2) of the Patents Rules 2007. As a result, it was found that Matthew Gibson-Ford should be mentioned as a joint inventor along with Jonathan Thursby and Shaun Peck in the published patent application for the invention and directed … Continue reading EV Offshore Limited, Jonathan Thursby, Shaun Peck and Matthew Gibson-Ford (Patent): IPO 12 Jun 2014
IPO Inventorship – An uncontested application was filed by Patrick Gaillard under rule 10(2) of the Patents Rules 2007. As a result, it was found that Patrick Gaillard should be mentioned as a joint inventor along with Adrian Bunce and Andrew Fusellier in the published patent application and directed that an addendum slip mentioning him … Continue reading Dynex Technologies, Inc, Bunce, Fusellier and Gaillard (Patent): IPO 26 Jun 2014
