NIPC Law

  Jane Lambert Intellectual Property Enterprise Court (HH Judge Melissa Clarke)  Thatchers Cider Company Ltd v Aldi Stores Ltd [2024] EWHC 88 (IPEC) (24 Jan 2024) This was an action for trade mark infringement and passing off.  It came on for trial before Her Honour Judge Melissa Clarke on 23 and 24 Nov 2024.  By para [148] of her judgment, she dismissed the claims for trade mark infringement and passing off (see Thatchers Cider Company Ltd v Aldi Stores Ltd   [2024] EWHC 88 (IPEC) 24 Jan 2024). The Dispute The claimant, T hatchers Cider Company Ltd. ("Thatchers") makes and sells various types of cider and other alcoholic and non-alcoholic drinks.  It has registered the sign that appears on the left-hand side of the above illustration as a UK trade mark for cider and alcoholic beverages except beer in class 33 under trade mark number UK3489711  with effect from 14 May 2020. The defendant, Aldi Stores Ltd. ("Aldi"), is a retailer which supplies ca...

Jane Lambert   Patents Court (Mr Justice Richards)  Abbott Diabetes Care Inc and others v Dexcom Inc and others [2023] EWHC 2591 (Ch) (18 Oct 2023) This was a claim by Abbot Daiabetes Care Inc and others ("Abbott") for infringement of European patent (UK)  2549918B1 for Medical device inserters and processes of inserting and using medical devices  and a counterclaim by Dexcom Inc and others ("Dexcom") for revocation of the patent on grounds of added matter , anticipation . insufficiency  and obviousness ,  According to Mr Justice Richatrds who tried the action and counterclaim on 6 and 7 July 2023, this was the third of a series of UK patent infringement/validity trials concerning continuous glucose monitoring ("CGM") systems .  Abbott indicated that it would apply to amend the patent if the court found it invalid.  By para [208] of his judgment which he handed down on 18 Oct 2023 the judge dismissed the claim and by [209] he dismissed the counte...

Jane Lambert   Patents Court (Michael Tappin KC)  Merck Serono SA v Comptroller-General of Patents, Designs and Trade Marks [2023] EWHC 3240 (Ch) (19 Dec 2023) This was an appeal by Merck Serono SA ("Merck") against Mary Taylor's refusal to grant a supplementary protection certificate ("SPC") in respect of cladribine  (see  Merck Serono S.A. v Comptroller   26 May 2023 BL O/0484/23)). The appeal came on before Mr Michael Tappin KC sitting as a deputy judge of the High Court on 12 Dec 2023.  By his judgment in  Merck Serono SA v Comptroller-General of Patents, Designs and Trade Marks [2023] EWHC 3240 (Ch) (19 Dec 2023, the learned deputy judge dismissed Merck's appeal. Supplementary Protection Certificates In Supplementary Protection Certificates    I wrote: "A supplementary protection certificate ..... is an intellectual property right ("IPR") that protects the active ingredients in pharmaceutical or plant protection products. The ri...

Author Anthony Majanlahti   Licence CC BY 2.0 Deed   Source Wikimedia Commons   Jane Lambert Court of Appeal (Lords Justices Lewison and Arnold and Lady Justice Falk)  easyGroup Ltd v Easy Live (Services) Ltd and others (Rev1) [2023] EWCA Civ 1508 (20 Dec 2023) This was an appeal by the claimant, easyGroup Ltd. ("easyGroup"), against the dismissal by Sir Anthony Mann of its claim for passing off against the defendants, Easy Live Services Ltd. and its shareholders and directors Achilleas Achilleous and Jonathan Burnside, for the reasons set out in Sir Anthony's judgment in  Easygroup Ltd v Easy Live (Services) Ltd and others [2022] EWHC 3327 (Ch) (21 Dec 2022).  easyGroup also appealed against a declaration that the defendants' use of certain signs did not infringe various trade marks owned by easyGroup.  The appeal came on before Lords Justices Lewison and Arnold and Lady Justice Falk on 13 Dec 2023.  By their judgment of 20 Dec 2023, they u...