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Showing posts with the label overriding objective

Choice of Jurisdiction: Top Optimized Technologies v Vodafone

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Audiencia Nacional, Madrid Author FDV   Licence  CC BY-SA 4.0   Source Wikipedia   Jane Lambert Patents Court (Mr Justice Marcus Smith)  Top Optimized Technologies SL and another v Vodafone Group Services Ltd and others [2021] EWHC 46 (Pat) (14 Jan 2021) This was an application by Vodafone Group Services Limited, Vodafone Group plc and Vodafone Limited ("Vodafone") to stay, either on jurisdictional grounds or for case management reasons, proceedings that had been brought against them by Top Optimized Technologies SL and TOT Power Control SL ("TOT") for patent infringement and other causes of action.  TOT had also brought proceedings against Vodaphone and Huawei in Madrid which Vodafone had challenged with some success on the ground that several causes of action were subject to agreements conferring exclusive jurisdiction on the English courts.  The proceedings that Vodaphone sought to stay were referred to as "the second UK proceedings" and the pr...

Case Management - Regeneron Pharmaceuticals, Inc. and another v Rinat Neuroscience Corp.

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  Jane Lambert Patents Court (Mr Justice Birss)  Regeneron Pharmaceuticals, Inc. and another v Rinat Neuroscience Corp . [2020] EWHC 3359 (Pat) (7 Dec 2020) Interest rei publicae ut sit finis litium.  This pithy maxim is usually trotted out in  res judicata  cases but it can apply equally to a claim such as this.  It might even apply to attempts to frustrate the outcome of the recent US presidential election. According to the transcript, the claimants are about to launch a treatment for osteoarthritis called fasinumab .  They were prevented from doing so by three patents, namely: EP (UK) 2,270,048 ,  EP (UK) 2,305,711 , and EP (UK) 1,871,416. . The claimants applied for revocation of those patents to clear the way for the marketing of their treatment.  Two points to note about the patents is that the second and third of those patents were divisionals of the first and that all three patents were for second medical uses of known medicament...