patents – Page 7 – Current Awareness

Bilateral Investment Treaties: Claiming Compensation from Foreign Governments under Bilateral Investment Treaties for failing to provide adequate IP Protection – NIPC Law

Posted July 29th, 2013 in compensation, foreign jurisdictions, news, patents, treaties by sally

“In Novopharm Ltd v. Eli Lilly & Co 2010 FC 915 Mr. Justice Barnes of the Federal Court of Canada declared that Canadian patent no. 2,209,735 for the second medical use of the drug atomoxetine to treat attention deficit hyperactivity disorder in adults was invalid for inutility. His judgment was upheld by the Federal Court of Appeal in Eli Lilly & Co. v. Teva Canada Ltd 2011 FCA 220. Eli Lilly & Co. applied for leave to appeal to the Canadian Supreme Court but that was refused on 8 Dec 2012.”

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NIPC Law, 27th July 2013

Source: www.nipclaw.blogspot.co.uk

Merck Sharp Dohme Corpn and another v Teva Pharma BV and another – WLR Daily

Posted July 18th, 2013 in injunctions, law reports, patents by tracey

Merck Sharp Dohme Corpn and another v Teva Pharma BV and another: [2013] EWHC 1958 (Pat); [2013] WLR (D) 283

“When considering a claim for an injunction to prevent a threatened infringement of a patent and a supplementary protection, the court had to consider whether, in all the circumstances, there was a sufficiently strong probability that an injunction was required to prevent the harm to the claimant to justify bringing the proceedings.”

WLR Daily, 9th July 2013

Source: www.iclr.co.uk

Virgin Atlantic Airways Limited (Respondent) v Zodiac Seats UK Limited (formerly known as Contour Aerospace Limited) (Appellant) – Supreme Court

Posted July 8th, 2013 in appeals, damages, law reports, patents, res judicata, Supreme Court by sally

Virgin Atlantic Airways Limited (Respondent) v Zodiac Seats UK Limited (formerly known as Contour Aerospace Limited) (Appellant) [2013] UKSC 46 | UKSC 2010/0013 (YouTube)

Supreme Court, 3rd July 2013

Source: www.youtube.com/user/UKSupremeCourt

Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd (formerly Contour Aerospace Ltd) – WLR Daily

Posted July 5th, 2013 in airlines, damages, EC law, estoppel, law reports, patents, Supreme Court by tracey

Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd (formerly Contour Aerospace Ltd):[2013] UKSC 46; [2013] WLR (D) 265

“Where judgment was given in an English court that a patent, whether English or European, was valid and infringed, and the patent was subsequently retrospectively revoked or amended, whether in England or at the European Patent Office, the defendant was entitled to rely on the fact of the revocation or amendment on an inquiry as to damages in respect of the unamended patent.”

WLR Daily, 3rd July 2013

Source: www.iclr.co.uk

Damages for infringement should be calculated on basis of amended not original patents, rules Supreme Court – OUT-LAW.com

Posted July 5th, 2013 in airlines, appeals, damages, news, patents, Supreme Court by tracey

“The UK Supreme Court has ruled that companies found to have infringed patents can rely on the subsequent amendment of patent claims to exonerate them from liability for damages.”

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OUT-LAW.com, 4th July 2013

Source: www.out-law.com

Construction of Patents – Lizzanno Partitions (UK) Ltd v Interiors Manufacturing Ltd – NIPC Law

Posted June 21st, 2013 in news, patents by tracey

” The decision of Mr Justice Birss (as he now is) in Lizzanno Partitions (UK) Ltd v Interiors Manufacturing Ltd [2013] EWPCC 12 (11 April 2013) is an object lesson in claim construction.”

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NIPC LAw, 17th June 2013

Source: www.nipclaw.blogspot.co.uk

The Intellectual Property Bill – NIPC Law

Posted May 29th, 2013 in bills, intellectual property, news, patents, reports by sally

“In Digital Opportunity, A Review of Intellectual Property and Growth Professor Ian Hargreaves made 10 recommendations for IP policy which I discussed at length in “IP Policy: Does Hargreaves say Anything New?” 24 June 2011. Some of those recommendations required primary legislation. Others did not. As I said in my article, Hargreaves was not the first review of IP policy in recent years and most of the previous ones had been left to gather dust. I suspected the same would happen to Hargreaves.”

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NIPC Law, 28th May 2013

Source: www.nipclaw.blogspot.co.uk

Novartis AG v Hospira UK Ltd – WLR Daily

Posted May 22nd, 2013 in appeals, injunctions, law reports, patents by sally

Novartis AG v Hospira UK Ltd [2013] EWHC 1285 (Pat); [2013] WLR (D) 184

“When considering an application for an interim injunction pending an appeal, the court must not mechanically equate the existence of a real prospect of success on an appeal by a losing party with that of a good arguable case on the merits at the outset of proceedings prior to trial so that the granting of an interim injunction at the outset of proceedings before the parties’ rights had been decided would automatically justify an interim injunction pending an appeal.”

WLR Daily, 14th May 2013

Source: www.iclr.co.uk

Software Patents: HTC Europe Co Ltd v Apple Inc – NIPC Law

Posted May 14th, 2013 in appeals, computer programs, EC law, news, patents by sally

“In HTC Europe Co Ltd v Apple Inc [2013] EWCA Civ 451 (3 May 2013), the Court of Appeal (Lord Justices Richards, Lewison and Kitchin) ventured again into what Lord Justice Lewison described at paragraph [140] of the Court’s judgment as “the minefield of the exclusion from patentability of computer programs ‘as such’.”

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NIPC Law, 13th May 2013

Source: www.nipclaw.blogspot.co.uk

Success Fees and ATE Premiums in the Patents County Court: Henderson v All Around the World Recordings Ltd – NIPC Law

Posted May 7th, 2013 in civil procedure rules, costs, county courts, fees, insurance, news, patents by sally

“As I mentioned in “Intellectual Property Litigation – the Funding Options” 10 April 2013, it was possible until the 31 March 2013 for a litigant to enter an agreement with his or her solicitors and counsel known as a conditional fee agreement (‘CFA’) whereby the lawyers would look to the other side for payment not only of their assessed costs but also of an uplift known as a success fee and the premium for insurance against their own and the other side’s costs in case of failure known as after-the-event (‘ATE’) insurance if they won the case or obtained a satisfactory settlement. As I also mentioned in that article, it is still possible to enter a CFA but any success fee and ATE insurance premium must now be paid by the successful party – usually out of any damages or accountable profits he or she may receive.”

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NIPC Law, 4th May 2013

Source: www.nipclaw.blogspot.co.uk

To fight or not to fight: pharmaceutical patent settlements – Competition Bulletin from Blackstone Chambers

Posted May 3rd, 2013 in agreements, competition, medicines, news, patents by tracey

“On 19 April 2013, the OFT announced that it had issued a Statement of Objections following its investigation into patent litigation settlement agreements (PLSAs) in the pharmaceutical sector.”

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Competition Bulletin from Blackstone Chambers, 3rd May 2013

Source: www.competitionbulletin.com

The spanner of “human dignity” in the wheels of modern medicine – UK Human Rights Blog

Posted April 23rd, 2013 in EC law, embryology, news, patents by sally

“The EU bans the patenting of human embryos for commercial purposes. This ban is implemented in national law via the 1977 Patents Act. But what precisely is a ‘human embryo’ for the purposes of the Biotech Directive? Or, put another way, must the process involving embryonic stem cells be capable of developing into a human being, before the ban can bite?”

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UK Human Rights Blog, 22nd April 2013

Source: www.ukhumanrightsblog.co.uk

Law Commission proposes changes to ‘groundless threats’ IP laws – OUT-LAW.com

Posted April 22nd, 2013 in competition, consultations, enforcement, intellectual property, Law Commission, news, patents, trade marks by sally

“A law reform body has proposed changes to the law that would make it easier for businesses seeking to protect their trade marks and design rights to make threats of legal action against alleged infringers of their rights without fear that those threats could be the subject of court action.”

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OUT-LAW.com, 22nd April 2013

Source: www.out-law.com

Courts can use hypothetical licensing arrangements to calculate trade mark damages, says High Court – OUT-LAW.com

Posted April 17th, 2013 in damages, gambling, internet, licensing, news, patents, trade marks by sally

“Courts can calculate trade mark infringement damages based on a hypothetical licensing arrangement, the High Court has said.”

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OUT-LAW.com, 17th April 2013

Source: www.out-law.com

Patents, trade marks and design rights: are groundless threats of infringement causing problems? – Law Commission

Posted April 17th, 2013 in competition, consultations, intellectual property, news, patents, trade marks by sally

“In a consultation opening today, the Law Commission seeks views on reform of the law relating to groundless threats of litigation over patents, trade marks and design rights.”

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Law Commission, 17th April 2013

Source: www.lawcommission.justice.gov.uk

Schutz (UK) Limited (Respondent) v Werit (UK) Limited (Appellant); Schutz (UK) Limited No 2 (Respondent) v Werit (UK) Limited (Appellant) – Supreme Court

Posted March 13th, 2013 in intellectual property, inventions, law reports, patents by sally

Schutz (UK) Limited (Respondent) v Werit (UK) Limited (Appellant); Schutz (UK) Limited No 2 (Respondent) v Werit (UK) Limited (Appellant) [2013] UKSC 16 | UKSC 2011/0159 & UKSC 2011/0266 (YouTube)

Supreme Court, 13th March 2013

Source: www.youtube.com/user/UKSupremeCourt

Jackson implementation lectures restart with patents court success story – Litigation Futures

Posted February 26th, 2013 in costs, courts, news, patents, speeches by sally

“Reforms to the Patents County Court (PCC) – including a costs cap – have been a “considerable success” and enabled more people to bring cases, the first Jackson implementation lecture in nearly nine months has revealed.”

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Litigation Futures, 26th February 2013

Source: www.litigationfutures.com

New patent law will help UK business – The Independent

Posted February 18th, 2013 in costs, EC law, news, patents, small businesses by sally

“British inventors and entrepreneurs will be able to save thousands of pounds in the cost of patenting their new ideas under rules to be agreed by Vince Cable this week.”

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The Independent, 17th February 2013

Source: www.independent.co.uk