Two patents had been invaildated for obviousness. They related to coatings on medicinal pills. The patent holder said the judge’s interruptions indicated bias.
Held: The sumissions were unjustified. The interventions were by no means intemporate, and the decision stood.
Judges:
Lord Justice Longmore, Lord Jusice Aldous, Lord Justice Tuckey
Citations:
[2002] EWCA Civ 1504
Links:
Jurisdiction:
England and Wales
Citing:
Appeal from – Cairnstores Limited Generics (UK) Limited v Aktiebolaget Hassle ChD 6-Mar-2002
Patents were challenged which were for mechanisms for protecting from the effects of acid in the stomach of drugs which required to be delivered to the intestine, but delivered orally The challengers claimed that the claims were obvious. The layers . .
Cited – Porter and Weeks v Magill HL 13-Dec-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 . .
Cited – Sengupta v Holmes and Others, Lord Chancellor intervening CA 31-Jul-2002
The appellant had applied for leave to appeal to a single judge, who had refused the application. He appealed and was granted leave by two judges. He then objected when the single judge who had refused leave was included in the panel of judges to . .
Cited – Regina v Gough (Robert) HL 1993
The defendant had been convicted of robbery. He appealed, saying that a member of the jury was a neighbour to his brother, and there was therefore a risk of bias. This was of particular significance as the defendant was charged with conspiracy with . .
Cited – Regina v Inner West London Coroner Ex Parte Dallaglio, and Ex Parte Lockwood Croft CA 16-Jun-1994
A coroner’s comment that the deceased’s relative was ‘unhinged’ displayed a bias which was irreparable. ‘The description ‘apparent bias’ traditionally given to this head of bias is not entirely apt, for if despite the appearance of bias the court is . .
Followed – CG v The United Kingdom ECHR 19-Dec-2001
The applicant complained that her criminal trial had been conducted unfairly, insofar as the judge had interfered so heavily as to make it difficult for her to present her case. The English Court of Appeal had criticised the judge, but concluded . .
Cited – Yuill v Yuill CA 1944
Appellate Court’s Caution in Reassessing Facts
The Court of Appeal was invited to reverse the decision of the judge at first instance to accept the evidence of the petitioner (no evidence having been called by the respondent).
Held: The court considered the caution needed when overturning . .
Cited – Jaffray and others v Society of Lloyd’s CA 26-Jul-2002
There is no more scope for corporate dishonesty in deceit than in misfeasance, other than by the attribution to a corporate body of the dishonesty of an individual. It was alleged that there was unfairness through inequality of representation: ‘In . .
Cited by:
Appealed to – Cairnstores Limited Generics (UK) Limited v Aktiebolaget Hassle ChD 6-Mar-2002
Patents were challenged which were for mechanisms for protecting from the effects of acid in the stomach of drugs which required to be delivered to the intestine, but delivered orally The challengers claimed that the claims were obvious. The layers . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 06 June 2022; Ref: scu.178086