NIPC Law

  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 an action for revocation of European Patents (UK) 3 266 323 (“323”) and 3 741 225 ("225”) and a claim for infringement of 323.  The action and counterclaim came on for trial before Michael Tappin KC sitting as a judge of the High Court between 20 and 22 and 27 March 2023. At para [191 of his judgment in  Nicoventures Trading Ltd v Philip Morris Products SA and another [2023] EWHC 854 (Pat)  which he delivered on 18 April 2023, he dismissed both the claim and the counterclaim. The Invention The Patents were granted on divisional applications from WO 2011/063970 A1  entitled “An electrically heated smoking system with external heater” as described in the following abstract: "There is provided an electrically heated smoking system for receiving an aerosol-forming substrate. The system compris...

  Jane Lambert Patents Court  (HH Judge Hacon)  Autostore Technology AS v Ocado Group Plc and others [2023] EWHC 716 (Pat) (30 March 2023) This was a patent infringement action.  The claimant, AutoStore Technology AS ("AutoStore"), complained that the defendants had infringed two of its European patents.  The defendants denied infringement and challenged the validity of the patents on grounds of anticipation and obviousness .  They also sought declarations of non-infringement.  The claim and counterclaim came on for trial before His Honour Judge Hacon in March and April 2022.   He handed down judgment on 30 March 2023 (see AutoStore Technology AS v Ocado Group Plc and others [2023] EWHC 716 (Pat)). The Issues The anticipation challenge turned on whether disclosures of the invention to a prospective customer before the priority date in an email and at a presentation in Norway had been made in confidence. That in turn depended on whether Nor...