NIPC Law

Author User:Jynto   Licence CCO 1.0   Source Wikimedia Commons   Jane Lambert Patents Court (Mr Justice Mellor)  Neurim Pharmaceuticals (1991) Ltd and another v Teva UK Ltd [2022] EWHC 954 (Pat) (26 April 2022) This was an application by    Neurim Pharmaceuticals (1991) Ltd., the proprietor of  European patent (UK)  3,103,443 , and Flynn Pharma Limited, Neurim's exclusive licensee, for an interim injunction to restrain Teva UK Ltd. from disposing, offering for sale or disposal, selling or supplying any generic version of the claimants'  Circadin  product that falls within any of the claims of that patent or that has been manufactured by any process that falls within any of its claims until judgment or further order.  An interim injunction is a court order to do, stop doing or not to do something on pain of punishment for disobedience.  The approach by which a court decides whether or not to make such an order was set out ...

Jane Lambert   Patents Court (Mr Justice Marcus Smith) Thaler v The Comptroller-General of Patents, Designs and Trade Marks [2020] EWHC 2412 (Pat) (21 Sept 2020) DABUS was described by its owner, Dr Stephen Thaler, "as a type of 'Creativity Machine'".  I have mentioned it before in Artificial Intelligence - The DABUS Inventions   19 Feb 2020 and Artificial Intelligence and Intellectual Property   27 Dec 2019 NIPC News.  Dr Thaler claims that his machine has invented a Food Container  and Devices and methods for obtaining advanced attention .  Applications for patents for those inventions have been filed in the United Kingdom, the United States and the European Patent Office.  All three applications have been rejected on the grounds that an inventor must be a human being under the laws of the United Kingdom and the United States and the European Patent Convention. In Britain, Dr Thaler appealed to the Comptroller and his appeal was heard by Mr Huw...

Supreme Court Author Christine Smith Licence Creative Commons attribution share alike 4.0 international Source Wikipedia Jane Lambert Supreme Court (Lords Mance, Kerr, Sumption, Mance and Hodge)  Cartier International AG and others v British Telecommunications Plc and another   [2018] 1 WLR 3259, [2018] WLR 3259, [2018] WLR (D) 354, [2018] UKSC 28 What this Appeal was about In  Cartier International AG and others v British Sky Broadcasting Ltd and others   : [2015] EMLR 10, [2015] 1 All ER 949, [2015] 1 All ER (Comm) 641, [2015] RPC 175, [2014] EWHC 3354 (Ch), [2015] BUS LR 298, [2015] RPC 7, [2015] Bus LR 298, [2015] ETMR 1, [2014] WLR(D) 464 Mr Justice Arnold made an order requiring British Sky Broadcasting Ltd. and other internet service providers ("ISPs") to block access to certain websites which promoted the sale of counterfeit products under s.37 (1)  of the Senior Courts Act 1981. I blogged about the case in...

Last Christmastide I blogged HH Judge Pelling's decision in  Bailey and another v Graham and Others [2011] EWHC 3098 (Ch) (25 Nov 2011) in "Is there any IP in Recipes? Reflections on the Reggae Reggae Case"  5 Jan 2012. I shall return to the theme this Christmastide to blog the appeal (or rather application for permission to appeal) in  Bailey and Another v Graham (aka "Levi Roots") and Others [2012] EWCA Civ 1469. This application came on before Sir Andrew Moritt, Chancellor and Lord Justices Longmore and Davis on the 16 Nov 2012. The first defendant Keith Valentine Graham is best known to the public as Levi Roots ,  He appeared on the TV programme "Dragons Den"  to promote his jerk sauce where he attracted £50,000 of investment.  Upon the insistence of his backers he incorporated the third defendant, Roots Reggae Reggae Sauce Ltd, which in turn licensed   G Costa & Co Ltd to make and distribute his sauce in accordance with his recipe, ...