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Showing posts with the label added matter

Patents - Celltrion v Genentech

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Omalizumab structure Authors  Manav Segal, Jeffrey R Stokes, Thomas B. Casale Licence CC BY 2,5 Source Wikimedia Commons Jane Lambert Patents Court (HH Judge Hacon)  Celltrion Inc v Genentech, Inc and another [2025] EWHC 174 (Pat) (30 Jan 2025)   This was an action by Celltrion Inc ("Celltrion") for the revocation of European patent (UK)  3 805 248 B1  for a "Process for concentration of antibodies and therapeutic products thereof" ("the patent") held by Genentech Inc ("Genentech") and Novartis AG ("Novartis") and a counterclaim by Genentech and Novartis against Celltrion and its UK subsidiary for infringement.  The action and counterclaim were tried by His Honour Judge Hacon between 24 Oct 2024 and 1 Nov 2024.  The learned judge delivered judgment on 30 Jan 2025 (see  Celltrion Inc v Genentech, Inc and another  [2025] EWHC 174 (Pat) (30 Jan 2025)).  By para [193] of his judgment, he found that the patent was valid and infringed. Th...

Patents: Battlekart Europe SA v Chaos Karts 1 Ltd

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  Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon)  Battlekart Europe SA v Chaos Karts 1 Ltd and others [2025] EWHC 1936 (IPEC) (25 July 2025) This was an action by Battlekart Europe SA ("Battlekart") against Little Lion Entertainment Ltd ("Little Lion"), its subsidiaries, Chaos Karts Limited and The Ents Inc Limited and their director, Thomas Maguire for the infringement of European patent (UK) 3 304 522 B8  and a counterclaim by the defendants for revocation of the patent on grounds of obviousness , implausibility and added matter.   The action and counterclaim were tried by HH Judge Hacon between 17 and 19 June 2025.  By para [136] o f his judgment in Battlekart Europe SA v Chaos Karts 1 Ltd and others [2025] EWHC 1936 (IPEC), which he handed down on 25 July 2025, the learned judge held that the patent was invalid for lack of an inventive step and added matter. The Patent EP3304522 B8 had been granted for a system for creating an imm...

Patents - Ensygnia IP Ltd v Shell UK Oil Products Ltd

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Shell Petrol Station Author Ianmcm   Public Domain Courtesy of the author   Soutce Wikimedia Commons Jane Lambert Court of Appeal (Lords Justices Phillips and Birss and Lady Justice Whipple)  Ensygnia IP Ltd v Shell UK Oil Products Ltd and others [2024] EWCA Civ 1490 (5 Dec 2024) This was an appeal against the judgment of Miss Charlotte May KC sitting as a deputy judge of the High Court in  Ensygnia IP Ltd v Shell Oil Products Ltd and others [2023] EWHC 1495 (Pat) of 26 June 2023.  That had been a claim by Ensygnia IP Ltd. ("Ensygnia") against Shell Oil Products Ltd, Shell International Petroleum Ltd. and Shell Information Technology BV ("Shell") for the alleged infringement of UK patent  GB 2,489,332 C2  and a counterclaim by Shell for revocation of the patent.  In para [300] of her judgment, Miss May held that the patent was invalid for added matter, extension of scope, and obviousness.  However, she also stated that the patent woul...

Patents - Philip Morris Products v Nicoventures

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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....