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Case Note: Jushi Group Co Ltd v OCV Intellectual Capital LLC

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Jane Lambert


Jushi Group Co Ltd v OCV Intellectual Capital LLC [2017] EWHC 171 (IPEC) (06 Feb 2017) 
This was a claim by the Jushi Group Co. Ltd. ("Jushi") for declarations of invalidity and non-infringement and the revocation of European patentnumber 1 831 118 for glass yarns for reinforcing organic and/or inorganic materials. The patentee, OCV Intellectual Capital LLC (a subsidiary of Owens Corning) ("OCV"), counterclaimed for infringement of the patent. Jushi admitted infringement if the patent was valid. The only issue to be determined was whether the patent was valid. The action came on before His Honour Judge Hacon on the 5 and 6 Dec 2016. His Honour delivered judgment on 6 Feb 2017.
The InventionThe patented invention was a glass strand comprising 12 listed constituents, each being present in prescribed percentages by weight, with the further feature that 3 of those constituents taken in combination must constitute at least 23% of the total by weight.  The pur…

Patents: Wobben v Siemens - Blowing in the Wind

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Jane Lambert

Wobben Properties GmbH v Siemens Public Ltd Company and Others [2017] EWCA Civ 5 (19 Jan 2017)

The claimant company, Wobben Properties GmbH is the registered proprietor of European patent  EP0847496 for a method of operating a wind power station.  The invention is described as follows:
"The invention pertains to a method of operating a wind power station, especially to limit the load on a wind power station, preferably a pitch-controlled wind power station. The invention also pertains to a corresponding wind power station. The invention is designed to increase the output of a wind power station and yet limit the load on the wind power station at very high wind velocities. This is accomplished by reducing the power of the wind power station as a function of wind velocity as of a predetermined wind velocity, preferably by reducing the operating velocity of the rotor of the wind power station when a wind appears with a wind velocity above a maximum wind velocity or maxim…

Case Note: Bhayani v Taylor Bracewell LLP - Goodwill generated by a Partner or Employee

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Jane Lambert

Bhayani and Another v Taylor Bracewell LLP [2016] EWHC 3360 (IPEC) (22 Dec 2016)

In Reckitt and Colman Products Ltd v Borden Inc, and Others, [1990] 1 WLR 491, [1990] RPC 341, [1990] 1 All ER 873, [1990] WLR 491, [1990] UKHL 12 discussed the elements of an action for passing off. The first of those elements was  "a goodwill or reputation attached to the goods or services which he supplies in the mind of the purchasing public by association with the identifying "get-up" (whether it consists simply of a brand name or a trade description, or the individual features of labelling or packaging) under which his particular goods or services are offered to the public, such that the get-up is recognised by the public as distinctive specifically of the plaintiff's goods or services." His Honour Judge Hacon considered that element in the above-mentioned case. 

This was an application by Taylor Bracewell LLP for summary judgment in, or, alternatively, the striki…

Just where does Mrs May's Speech leave the Unified Patent Court?

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Jane Lambert

In her Lancaster House speech of the 17 Jan 2017 (the transcript of which can be found on The Independent's website) the Prime Minister acknowledged that "Britain might at times have been seen as an awkward member state" However, there is one policy upon which we have always been impeccably communautaire  Thathas been the scheme to establish a single European patent for the territories of all the EU member states with a single European patent court.

We were one of the few parties to ratify the Community Patent Convention in 1975 shortly after we joined the EEC. Ever since then our government has participated constructively in deliberations and negotiations both for a Community patent within the framework of the EU (see Community Patent on the Eur-Lex website) and a European patent litigation agreement ("EPLA") as an optional protocol to the European Patent Convention (see European Patent Litigation Agreement on the Wikipedia website).  The Gowers R…

Plummy!

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Victoria Plum Ltd (t/a Victoria Plumb) v Victorian Plumbing Ltd and Others [2016] EWHC 2911 (Ch) (18 Nov 2016)  Mr Justice Henry Carr

In this case, Victoria Plum Ltd. had registered the words VICTORIA PLUMB as a UK trade mark in relation to a range of goods and services in classes 11, 20 and 35 under trade mark number 3,066,332. The specified services include:
"the bringing together, for the benefit of others, of…[bathroom items]… enabling customers to conveniently view and purchase those goods… via a website." The question before Mr Justice Henry Carr was whether that trade mark was infringed by a process known as pay-per-click bidding.

Pay-Per-Click Bidding

Just about everyone who has ever used the internet will be familiar with Google, Yahoo and other search engines. Whenever a user wants to search the internet he or she enters search terms that the user thinks may be relevant into a slot on the search engine's web page and then clicks the "Search" symbol. Tho…