NIPC Law

Author Ambrosiani   Licence CC BY-SA 4,0   Source Wikimedia Commons   Jane Lambert Patents Court (Mr Justice Marcus Smith) Optis Cellular Technology LLC and others v Apple Retail UK Ltd and others [2021] EWHC 2080 (Pat) (1 July 2021) On 23 Oct 2021, I discussed Mr Justice Meade's judgment in  Optis Cellular Technology LLC and others v Apple Retail UK Ltd and others [2021] EWHC 1739 (Pat) (25 June 2021). That had been "trial B" in a series of trials between the owners of certain telecommunications patents and Apple Inc and its subsidiaries.  This case was an application in a case management conference before Mr Justice Marcus Smith for trial "E".  It did not involve the claimants who were allowed to withdraw from the hearing.  It lay between the defendants and a company known only as "the third party." The Application The defendants applied for an order that a licence with the third party be provided for inspection to the claimants in accorda...

Author Ham - Licence CC BY-SA 3.0, Source Wikipedia  Jane Lambert Court of Appeal (Lords Justices David Richards, Newey and Arnold)  TBD (Owen Holland) Ltd v Simons and others [2020] EWCA Civ 1182 (8 Sept 2020) This was a judgment on two appeals.  The first appeal was brought by John O'Boyle ("Mr O'Boyle") against an order by His Honour Judge Keyser QC  permitting TBD (Owen Holland) Ltd, ("TBD") to bring committal proceedings for contempt of court against Mr O'Boyle in TBD (Owen Holland) Ltd v Simons  [2019] EWHC 2390.  The second was by TBD against Mr Justice Marcus Smith's order in  TBD (Owen Holland) Ltd v Simons and others   [2020] EWHC 30 (Ch) which I blogged in  Search Orders - TBD (Owen Holland) Ltd v Simons and Others   on 22 Jan 2020.   Both appeals arose from the execution of an order for the search of Mr O'Boyle's home and the premises of his former company G2A Limited ("G2A") on 9 Nov 2018. ...

Author Mohammed Tawsif Salam   Licence CC BY-SA 3.0   Source Wikipedia Chancery Divison (Mr Justice Marcus Smith) TBD (Owen Holland) Ltd v Simons and others [2020] EWHC 30 (Ch) (17 Jan 2020) Jane Lambert In  Anton Piller KG v Manufacturing Processes Ltd. and others   [1976] Ch 55, [1975] EWCA Civ 12, [1976] 1 All ER 779, Lord Denning MR noted that the judges of the Chancery Division had recently been making orders of a kind not known before whereby the plaintiff and his solicitors were authorized to enter the defendant's premises so as to prevent the loss or destruction of evidence, provided that the defendant gave them permission to enter.  Such orders were then made under the inherent jurisdiction of the court and were not covered by the Rules of the Supreme Court so it fell to the Court of Appeal to consider them on principle. It seemed to Lord Denning that such an order could be made by a judge without notice to a defendant, but it...