NIPC Law

  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 had it been valid and that the claimant

Royal Courts of Justice Author Dr Neil Clifton   Licence CC BY-SA BY-SA 2.0   Source Wikimedia Commons   Jane Lambert Court of Appeal (Lord Justice Newey, Lord Justice Nugee and Sir Christopher Floyd) Sky Ltd and others v Skykick, UK Ltd and another (Rev2) [2021] EWCA Civ 1121 (26 July 2021) The issue before the Court of Appeal in  Sky Ltd and others v Skykick, UK Ltd and another (Rev2) [2021] EWCA Civ 1121 (26 July 2021) was whether Sky Ltd., Sky International AG and Sky UK Ltd. could prevent Skykick UK Ltd and Skykick Inc. from using the sign SKYKICK in relation to email migration and cloud storage services.  I summarized the dispute as follows in  Trade marks - Sky v Skykick, The Final Chapter   on 9 May 2020: "On 23 May 2016 Sky PLC and its subsidiaries Sky AG and Sky UK Ltd. ("Sky") issued proceedings against Skykick UK Ltd and Skykick Inc.("Skykick") for infringement of their EU and UK trade marks and passing off. Skykick denied infringement and passi

Ocado Van Author  Tomjhpage   Licence  CC BY-SA 4.0   Source    Wikimedia   J ane Lambert Court of Appeal (Sir Geoffrey Vos MR, Lady Justice Nicola Davies and Lord Justice Nugee) AutoStore Technology AS v Ocado Group Plc and other [ 2021] EWCA Civ 1003 (7 July 2021) This was an appeal by Ocado Plc, its subsidiaries and Tharsus Group Ltd from the decision of Judge Hacon in  Autostore Technology AS v Ocado Group Plc and others [2021] EWHC 1614 (Pat) (11 June 2021) not to restrain AutoStore Technology AS from disclosing to the US International Trade Commission a document marked "CONFIDENTIAL & WITHOUT PREJUDICE PROVIDED FOR PURPOSES OF SETTLEMENT NEGOTIATIONS ONLY." I discussed Judge Hacon's decision in  Interim Injunctions - AutoStore Technology AS v Ocado Group Plc   on 14 July 2021,  I explained the reason for the dispute as follows: "In the proceedings before the Commission, AutoSrore alleged that Ocado had infringed several of its US patents. Ocado pleaded t