NIPC Law

Author Karjis Sambrans   Licence  CC BY 2.0   Source Wikimedia Common s Jane Lambert Patents Court (Mr Ian Karet)  Neurim Pharmaceuticals (1991) Ltd another v Generics (UK) Ltd (T/A Viatris) and another [2021] EWHC 2897 (Pat) (29 Ort 2021) This was an application by Generics (UK) Limited and Mylan UK Healthcare Limited ("Mylan") for a stay of the expedited trial that had been ordered by Mr Justice Mellor in  Neurim Pharmaceuticals (1991) Ltd and another v Generics UK Ltd (t/a Mylan) and another [2021] EWHC 2198 (Pat) (2 Aug 2021) which I discussed in Practice - Neurim Pharmaceuticals v Mylan   on 30 March 2022.  The purpose of the proposed stay was to await the outcome of opposition proceedings in the European Patent Office under Part V of the European Patent Convention.  The outcome of those proceedings including an appeal could be expected in 2023 or  2024. The reason why Mr Justice Mellor ordered an expedited trial is that Eur...

Basher Eyre /  Junction of Fetter Lane and Rolls Buildings  /  CC BY-SA 2.0 Jane Lambert Patents Court ( Mr Justice Henry Carr) TQ Delta, LLC v ZYXEL Communications Ltd and another [2019] EWHC 562 (Pat) (11 March 2019) This was a patent infringement action.  The patents in suit were European patent number EP1453268 for multicarrier communication with variable overhead rate  and European patent number EP1792430 for CRC counter normalisation . The claimant alleged that these are standard-essential patents "SEPs") - that is to say, it is impossible to comply with ITU recommended telecommunications standards for the transmission of data without using those patents. The Parties The claimant describes itself as  " a technology development and licensing company aimed at providing needed solutions for the communications industry and beyond." The homepage of its website adds that its technical investments span nea...

Venetian Patent Act 1474 Source Wikipedia Yesterday I presented a talk on the unitary patent and the Unified Patent Court. I had a good audience which included some familiar faces as well as several new ones. At the end of the talk I took questions and one of them was on the Court's power to amend.  I was able to answer the question from memory but I could not give chapter and verse and promised to do so in this blog. As I said yesterday, the starting point is the European Patent Convention art 138 (3) of which provides: "In proceedings before the competent court or authority relating to the validity of the European patent, the proprietor of the patent shall have the right to limit the patent by amending the claims. The patent as thus limited shall form the basis for the proceedings." The competent court in actions or counterclaims for revocation of unitary or other European patents will be the Unified Patent Court (see art 65 (1) of the UPC Ag...