NIPC Law

Jane Lambert Patents Court  (HH Judge Hacon)  Philip Morris Products SA and another v Nicoventures Trading Ltd and another  [2023] EWHC 2616 (Pat) (25 Oct 2023) This was a claim by Philip Morris Products SA and Philip Morris Limited ("PMI") for the revocation of European patent (UK) 3 367 830 B1  ("EP830") and a counterclaim by Nicoventures Trading Limited and British American Tobacco (Investments)  Limited ("BAT") for the infringement of that patent.  There was also an application by BAT to amend the patent and an application by PMI for an Arrow declaration. These proceedings came on for trial before His Honour Judge Hacon sitting as a judge of the High Court between 21 and 23 and on 27 and 28 Sept, 2023.  The learned judge delivered judgment on 25 Ocr 2023 (see  Philip Morris Products SA and another v Nicoventures Trading Ltd and another [2023] EWHC 2616 (Pat) (25 Oct 2023)). By para [216] of his judgment he dismissed the counterclaim....

  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 Court of Appeal (Lord Justices Arnold and Nugee and Sir Christopher Floyd)  Philip Morris Products, SA v Nicoventures Trading Ltd and another [2022] EWCA Civ 1638 (16 Dec 2022) This was an appeal by Philip Morris Products SA ("PMI") against the finding by Mr Justice Marcuas Smith that its European patents (UK), EP 3 248 483, EP 3 248 484 . EP 3 248 485 and EP 3 248 486  were invalid for obviousness.  I discussed that case in  Patents - Nicoventures Trading Ltd v Philip Morris Products SA   on 24 Nov 2021. Grounds of Appeal PMI appealed on the following grounds: "i) Ground 1: the judge wrongly construed the 486 patent when he held that both multiple separately connected electrically conductive tracks and a single track with a plurality of portions were covered by claim 1, when only the latter was covered; ii) Ground 2: the judge asked the wrong question on obviousness because of the error identified in gr...

  Jane Lambert Patents Court (Mr Justice Mellor) Abbott Laboratories Ltd v Dexcom In c. [2021] EWHC 2246 (Pat) (6 Aug 2021) This was an application for an order to expedite the trial of an action that Abbott Laboratories Ltd. ("Abbott") had begun 2 days earlier against Dexcom Inc ("Dexcom") for the revocation of 4 of Dexcom Inc's European patents. The reason for the action and application is that Dexcom had brought proceedings for the infringement of those patents in Germany.  The trials of those actions were likely to take place between early March and the end of April 2022. In Germany, unlike the United Kingdom, it is not possible to challenge the validity of a patent in infringement proceedings.  Alleged infringers who wish to challenge the validity of the patent they are alleged to have infringed must bring opposition proceedings in the European Patent Office under art 99 of the European Patent Convention or start separate revocation proceedings in Germany....

Author Hoo5   Licence CC BY-SA 3.0  S ource Wikimedia Commons Head Office of the British American Tobacco Group Jane Lambert Patents Cour t (Mr Justice Marcus Smith) Nicoventures Trading Ltd v Philip Morris Products SA and another [2021] EWHC 1977 (Pat) (14 July 2021) This was an action brought by Nicoventures Trading Ltd ("Nicoventures") for the revocation of the following European patents (UK),  EP 3 248 483,   EP 3 248 484 .  EP 3 248 485  and  EP 3 248 486 .  The proprietor of those patents, Philip Morris Products SA, counterclaimed against Nicoventures and British American Tobacco (Investments) Ltd. for the infringement of those patents.  As the defendants to the counterclaim are members of the British American Tobacco group, Mr Justice Marcus Smith, the judge who tried the action and counterclaim, referred to them both as "British American". The proceedings came on before his lordship between 18 and 25 May 2021.  He delivered ju...