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Showing posts from October, 2015

Civil Restraint Orders in IPEC: Perry v Brundle

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CPR 3.11 provides:

"A practice direction may set out –
(a) the circumstances in which the court has the power to make a civil restraint order against a party to proceedings;
(b) the procedure where a party applies for a civil restraint order against another party; and
(c) the consequences of the court making a civil restraint order."

Neither the rule nor the glossary defines "civil restraint orders" but para 1 of Practice Direction 3C - Civil Restraint Orders refers to limited civil restraint orders, extended civil restraint orders and general civil restraint orders. Those orders restrict the proceedings that can be issued, and the applications that can be made, by the person against whom they are issued without the permission of the court.

Para 3.2 (1) of the Practice Direction provides:

"Unless the court otherwise orders, where the court makes an extended civil restraint order, the party against whom the order is made –
(1) will be restrained from issuing cla…

Summary Judgment in Patent Cases: Fontem Holdings 1BV and Another v Ten Motives Ltd and Others

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In Fontem Holdings 1BV and Another v Ten Motives Ltd and Others [2015] EWHC 2752 (Pat) Mr Justice Norris set out his reasons for dismissing on 21 July 2015 the defendants' application under CPR Part 24 to dismiss the claims against them for patent infringement or, alternatively, a stay in the proceedings pending the disposal of opposition proceedings in the European Patent Office in respect of the patent under art 99 of the European Parent Convention.

The patent in suit was European Patent (UK) No. 2 022 349 B1 for an aerosol electronic cigarette.  Claim 1 of the patent was for
"An aerosol electronic cigarette comprising a battery assembly, an atomizer assembly, a liquid storage component (9) and a hollow shell (a, b) having one or more through-air-inlets (al); wherein the battery assembly connects electrically with the atomizer assembly, and both are located in the shell (a, b); the atomizer assembly includes a porous component (81) and a heating body in the form of a heati…

Cross Border Litigation: Tech 21 UK Ltd v Logitech Europe SA

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Logitech Europe SA is a Swiss company which makes a protective case for iPads called "Big Bang". This YouTube video shows how it works. Tech21 is a British company on Eel Pie Island which is not far from where I grew up which makes something very similar called an "Impact Folio". Here's their video. Spot the difference if you can.

Between Jan 2013 and Jan 2014 the two companies tried to work together to develop a range of cases to be sold by Logitech but they fell out. Shortly afterwards Logitech started to sell Big Bangs and Tech21 Impact Folios. On 10 Sept 2014 Tech21 received the following letter from Jonas Rechtsanwaltsgesellschaft mbH of Cologne in the Federal Republic of Germany:
"We are representing our client Logitech Europe S.A., Daniel Borel Innovation Center, CH-1015 Lausanne, Switzerland in matters of Intellectual Property.
We have been informed that you entered into a manufacturing and sales agreement with our client dated October 11, 2013 tha…

When one charity sues another - NOCN v Open College Network Credit4Learning

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An open college network is a regional organization that accredits adult education courses offered by educational institutions and employers. The claimant was established to coordinate some of those organizations. It trades under the following signs:

















It has registered those signs as trade marks as well as the letters OCN and NOCN for accreditation and certification services in class 42 as well as other goods and services.

The defendant is an open college network which was affiliated with the claimant until 2006. Until judgment in these proceedings, it traded under the following sign:


















The claimant sued the defendant for trade mark infringement and passing off. The defendant counterclaimed for invalidation of the claimant's registrations.  The action and counterclaim came on before His Honour Judge Hacon in NOCN (Formerly National Open College Network) v Open College Network Credit4Learning [2015] EWHC 2667 (IPEC) (25 Sept 2015)

It will come as little surprise even to those who have …