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 cl...

Drachma Coin depicting the Automaton Talon Author Jastrow   Copyright Released by owner Source Wikimedia Commons   Jane Lambert Court of Appeal (Lords Justices Arnold and Birss and Lady Justice Elisabeth Laing) Thaler v Comptroller of Patents, Trade Marks and Designs [2021] EWCA Civ 1374 (21 Sep 2021) This was an appeal by Dr Stephen Thaler against the decision of Mr Justice Marcus Smith in Thaler v The Comptroller-General of Patents, Designs and Trade Marks [2020] EWHC 2412 (Pat) (21 Sept 2020) which I discussed in  Thaler v The Comptroller - The Patents Court decides whether Machines can be Inventors   on 22 Sept 2020.  Readers will recall that Mr Thaler has made a "creativity machine" called DABUS.  He alleged that DABUS had invented a Food Container and Devices and methods for obtaining advanced attention  which he applied to patent.  The Comptroller refused Dr Thaler's application and his decision was upheld by Mr Justice Marcus Smith....