NIPC Law

Jane Lambert On Wednesday I stressed the importance of pre-action correspondence and how the drafting of a letter before claim can make all the difference between getting what you want quickly and cheaply through focused negotiation and precipitating an expensive and possibly protracted law suit in  Pre-Action Correspondence - Not Just a Box to be ticked or a Hoop to be jumped through   2 Aug 2017. Today, I shall tell you what to do if you receive a letter accusing you of infringing a patent or some other intellectual property right. If you have carried out an IP audit you should have a strategy in place for just such a contingency and you will have an insurance funded legal team ready to advise and represent you.  If you have a case they should be able to see off the challenge with a well-reasoned and documented response. If, however, you are in the wrong they will advise you of that reality and suggest ways of extricating yourself from the dispute as ...

I have had this conversation several times since Mr. Justice Newey handed down his judgment in   Twentieth Century Fox Film Corp and Others v Harris and others [2013] EWHC 159 (Ch) (5 Feb 2013). As this is only an interim injunction application in an action that is still to be tried and as this judgment may be appealed it would not be right to for me to analyse it in a way that I would a case in which I had not been briefed..   However, as this was quite an unusual case. the judgment does need to be interpreted if it is to be understood.   So here are some FAQ style questions and answers. So what was this case all about? This was an application by members of the Motion Picture Association of America Inc , the trade association of the second largest film industry .in the world , for a proprietary injunction to restrain a Mr. David Harris and a number of companies with which he is connected from dealing with, or disposing of, a McLaren ...