NIPC Law

Lufthansa's Head Offices in Deut z-Cologne  Author Duhon   Licence CC BY-SA 3.0 Deed   Source Wikimedia Commons   Jane Lambert Court of Appeal (Lady Justice King and Lords Justices  Newey and Birss)  Lufthansa Technik AG v Panasonic Avionics Corporation and others [2023] EWCA Civ 1273 (1 Nov 2023) Proceedings in the Chancery Division take place in two stages.  First, there is a trial to determine whether the defendant is liable to the claimant,  If the court finds that the defendant is liable it can order an account of profits or an inquiry as to damages.  An account of profits is a determination of the profits that the defendant has gained from his or her wrongdoing followed by an order for him or her to pay those profits to the claimant.  An inquiry as to damages is a determination of the injury, loss or damage that the claimant has suffered as a result of the defendant's wrongdoing and an order for payment to the claimant.  A claimant is entitled to an account of profits or

Royal Courts of Justice Author Anthony M   Licence   CC BY 2.0 Dee d Source Wikimedia Commons   Jane Lambert Court of Appeal (Lords Justices Arnold and Nugee and Sir Christopher Floyd) easyGroup Ltd v Nuclei Ltd and others   [ 2023] EWCA Civ 1247 (27 Oct 2023) This was an appeal by easyGroup Ltd. ("easyGroup") against the order of Mrs Justice Bacon in  easyGroup Ltd v Nuclei Ltd and others [2022] EWHC 901 (Ch) of 13 April 2022,  She dismissed easyJet's claim for trade mark infringement and revoked the marks on which it had relied.  Those marks were  UK trade mark No. 2313529A  and  EU trade marks Nos. 2907509  and  11624376 .  The appeal came on before Lords Justices Arnold and Nugee and Sir Christopher Floyd on 10 and 11 Oct 2023.  The hearing was filmed and can be viewed on YouTube (see the first day of the hearing  and the second day ).    At the end of the hearing, the Court announced that it would dismiss the appeal and give its reasons later. Their lordships handed

  Jane Lambert Patents Court (Michael Tappin KC) Nicoventures Trading Ltd v Philip Morris Products SA and another [2023] EWHC 854 (Pat) (18 April 2023 This was a claim by Nicoventures Trading Ltd ("Nicoventures") for the revocation of European patent (UK) 3266323 B1  ("323") and European patent (UK) 3741225 B1  ("225") held by Philip Morris Products SA ("Philip Morris") on grounds of obviousness and added matter  and a counterclaim by Philip Morris against Nicoventures and its parent company British American Tobacco (Investments) Ltd ("BAT") for infringement of 323   The parties had agreed that if claim 1 of 323 was obvious then so too would claim 1 of 225.  The allegedly infringing products were  ‘glo’ tobacco heating devices  and their associated consumables.  The action and counterclaim came on before Mr Michael Tappin KC sitting as a deputy judge of the High Court on 20, 21, 22 and 27 March 2023.  Mr Tappin handed down his judgmen