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Showing posts with the label contract

The Appeal - Lish v The Northern Block

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Cyrillic Script Monument in Antarctica Author Inoceramid Bivalves   Licence CC BY-SA 4.0   Wikimedia Comm ons Jane Lambert Court of Appeal (Lords Justices Moylan, Coulson and Arnold)   Lish v The Northern Block Ltd and another [2026] EWCA Civ 497 (27 April 2026) This was an appeal by the claimant, Mariya Vasiliyevna Lish, against the order of David Stone on 22 Aug 2025 in which he struck out two of her claims as an abuse of process of the court for the reasons given in his judgment (see  Lish v The Northern Block Ltd and Another [2025] EWHC 2172 (Ch) 23 Aug 2025).   I discussed that judgment in  Copyright - Lish v The Northern Block Ltd.   on 30 Aug 2025. Background The   first   defendant, The Northern Block ("TNB"), was a type foundry which supplied typefaces or fonts in various alphabets to graphic designers, printers, manufacturers and others.  It was founded by the second defendant, Jonathan Hill. Mrs Lish was a typeface des...

Copyright and Contract - Harrison and Buchanan

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  Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon) Harrison (t/a Rayson Engineering) v Buchanan and anothe r [2025] EWHC 3283 (IPEC) (17 Dec 2025) This was a claim for breach of contract and copyright infringement.  The contract claim was based on the claimant's allegation that the defendants commissioned him to create drawings of components for an electrochemical water conditioner.  The copyright claim was based on the claimant's further allegation that copyright subsisted in those drawings, that he was the first owner of those copyrights and that the defendants had used the drawings without his licence.  The defendants denied that there was a binding agreement and argued that the drawings were not fit for purpose.  The action came on for trial before His Honour Judge Hacon on 21 Nov 2025.  By para [21] of his judgment in Harrison (t/a Rayson Engineering) v Buchanan and Another [2025] EWHC 3283 (IPEC), which he handed down on 17 ...

The Trial- Hill v Touchlight Genetics

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  Author  Ciencias Españolas   Licence  CC BY-SA 3.0   Source  Wikipedia Commons   Jane Lambert Patents Court (Michael Tappin KC sitting as a judge of the High Court) Hill v Touchlight Genetics Ltd and others [2025] EWHC 107 (Pat) (27 Jan 2025) I previously discussed this litigation in  Patents - Hill v Touchlight Genetics Ltd . on 11 July 2024.  I noted that it was an entitlement action, that is to say, a claim to ownership of certain patents and patent applications.   It was also an infringement claim in that the claimant alleged that the defendants had infringed the patents that she claimed. There was also a contingent counterclaim.  The action came before Michael Tappin KC sitting as a deputy judge of the High Court between 25 and 28 Nov 2024 and 3 to 4 and 10 to 11 Dec 2024.   At para [331] of his judgment in  Hill v Touchlight Genetics Ltd and others   [2025] EWHC 107 (Pat), which he handed down...

Patents - Bionome Technology Ltd v Clearwater

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By Volker Prasuhn, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=8363375   Jane Lambert Patents Court (Mr Tom Mitcheson KC) Bionome Technology Ltd v Clearwater [2024] EWHC 3155 (Ch) (9 Dec 2024) This was an appeal from the decision of the Deputy Director of Patents, Huw Jones, sitting on behalf of the Comptroller-General of Patents, Designs and Trade Marks in an entitlement dispute.   As I said in How to Avoid Entitlement Disputes   on 22 June 2024 in NIPC Inventors' Club, an entitlement dispute is a dispute over the right to apply for or own a patent.   I wrote about such disputes in Disputes over Ownership of Inventions   on 6 Aug 2015 in NIPC South East. The Dispute In  Okipa Ltd and another v Bionome Technology Ltd   BL   O/0410/24 3 May 2024, Mr Jones held that British patent  GB2598881  and international patent application  WO2021/191614 A1 for controlling the growth of vegetation ("the invention")...

Trade Marks: Marriott Worldwide Corporation v Delta Air Lines, Inc.

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Author User:Makaristos   Licence Public Domain      J ane Lambert Business and Property Courts of England and Wales (Mr Ian Karet)  Marriott Worldwide Corporation v Delta Air Lines, Inc . [2023] EWHC 283 (Ch) (10 Feb 2023 In Re DELTA, Delta Air Lines, Inc, v Marriott Worldwide Corporation   O/081/22 31 Jan 2022, Marriutt Worldwide Corporation ("Marriott") successfully resisted an application by Delta Air Lines Inc ("Delta") for a declaration of invalidity in respect of trade mark number 3108603 for all the classes for which the mark DELTA was registered pursuant to s.47 (2) and s.5 (2), (3) and (4) of the Trade Marks Act 1994.  The only services for which the application succeeded were: "Retail stores services all connected with the sale of articles and equipment for household purposes, namely clothing, footwear, headgear, toiletries, cosmetics, optical goods, toys, plush toys, games, stationery, printed matter, umbrellas, luggage, je...

Further Hearing - Oxford University Innovation Ltd v Oxford Nanoimaging Ltd

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Author John Speed    Source Wikimedia  Commons   Jane Lambert Patents Count  (Daniel Alexander KC)  Oxford University Innovation Ltd v Oxford Nanoimaging Ltd   [2023] EWHC 138 (Pat) (25 Jan 2023) On 23 Dec 2022, Mr Daniel Alexander KC delivered a remarkable judgment in Oxford University Innovation Ltd v Oxford Nanoimaging Ltd [2022] EWHC 3200 which I discussed in  Patents: Oxford University Innovation Ltd v Oxford Nanoimaging Ltd   on 23 Jan 2023 and in  Student Inventors and their Universities - Ownership of IP in Inventions resulting from Students' Research   on 26 Jan 2023. Mr Alexander upheld a claim for royalties by Oxford University Innovation Ltd ("OUI") the technology transfer arm of Oxford University against Oxford Nanoimaging Ltd ("ONI").  The royalties were for a licence to work patents for inventions that had been invented by one of the University's research students while he had been working at Oxford as an in...