NIPC Law

  Kidney Stone Author  Robert R Wal  Licence  Public Domain       Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon) Well Lead Medical Co Ltd v CJ Medical Ltd [2025] EWHC 492 (IPEC) (7 March 2025) This was an action by Well Lead Medical Co Ltd. ("Well Lead") against CJ Medical Ltd ("CJ Medical") for the infringement of EP (UK) 3 760 143 B1 and a counterclaim by CJ Medical for the revocation of that patent under s.72 (1) (a) and (d) of the Patents Act 1977. The action and counterclaim were trued by His Honour Judge Hacon on 3 and 4 Feb 2025.  His Honour handed down judgment on 7 March 2025 (see Well Lead Medical Co Ltd v CJ Medical Ltd [2025] EWHC 492 (IPEC) (7 March 2025)).  By para [150] of his judgment, the learned judge held that claim 3 was valid and infringed but claim 1 was invalid for obviousness. Interim Injunctive Proceedings I have previously discussed Charlotte May KC's judgment in Well Lead Medical Co Lt...

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 cl...