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Showing posts with the label estoppel

The Trial- Hill v Touchlight Genetics

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  Author  Ciencias EspaƱolas   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: A Ward Attachments Ltd v Fabcon Engineering Ltd

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  Jane Lambert Intellectual Property Enterprise Court (HH Judge Melissa Clarke)    A-Ward  Attachments Ltd v Fabcon Engineering Ltd [2021] EWHC 2145 (IPEC) (29 July 2021) This was an action for the infringement of European patent (UK) number EP 2 021 268 B1  ("268") for freight container tilting apparatus and European patent (UK) number  EP 2 128 053 B1  ("053") for container tilting apparatus and a counterclaim for the revocation of both patents on grounds of obviousness and insufficiency and the revocation of 053 on the additional ground of added matter.  The defendant also contended that the claimant was estopped from obtaining relief for any infringement on the basis of acquiescence.  The action and counterclaim came on for trial before Her Honour Judge Melissa Clarke on 29 and 30 April 2021.   By her judgment o f 29 July 2921, Her Honour held that 268 was valid and infringed, 053 was invalid but would have been infringed ...

Trade Marks - Cormeton Fire Protection Ltd v Cormeton Electronics Ltd.

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  Jane Lambert Intellectual Property Enterprise Court (Mr David Stone)  Cormeton Fire Protection Ltd v Cormeton Electronics Ltd and another [2021] EWHC 11 (IPEC) (18 Jan 2021) This was a dispute between parties that had once been closely associated but had subsequently fallen out over rights to use branding that they had previously shared.  The claimant, Cormeton Fire Protection Limited, had collaborated with the second defendant, John Aitchison, to set up the first defendant, Cormeton Electronics Limited, to develop an electronic fire alarm business at the claimant's premises in 1989. The shares in the new company were held by Michael Warburton, a director and secretary of the claimant company, and Mr Aitcheson. Mr Warburton held 60% and Mr Aitcheson 40%. In 2003 Mr Warburton sold his shares and the company found new premises. Cormeton Fire Protection and Cormeton Electronics did different kinds of work but they continued to refer enquiries to each other ...

Joint Copyright - The Retrial in Martin and Another v Kogan

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Meryl Streep who acted the lead role in Florence Foster Jenkins Author Glynn Lowe   Licence CC BY 2.0   Source  Wikipedia Florence Foster Jenkins    Jane Lambert Intellectual Property Enterprise Court (Mr Justice Meade)  Martin and another v Kogan [2021] EWHC 24 (Ch) (11 Jan 2021) This was the retrial of an action by the screenwriter, Nick Martin, for a declaration that he was the sole author of the screenplay for the film Florence Foster Jenkins   and a counterclaim by Julia Kagan for a declaration against Mr Martin and the companies that had funded and made the film that she was a joint author and thus a joint owner of the copyright in the screenplay and relief for infringement of her copyright and moral rights.  The action and counterclaim had previously come on before Judge Hacon who found for Mr Martin in Martin and Another v Kogan [2017] EWHC 2927 (IPEC) (22 Nov 2017).  Ms Kogan appealed to the Court of Appeal which ordered a new tria...