NIPC Law

Jane Lambert Intellectual Property Enterprise Court (Mr Nicholas Caddick KC)  EnOcean GmbH v Far Eastern Manufacturing Ltd and another [2023] EWHC 2615 (IPEC) (24 Oct 2023) This was an action for the infringement of claims 1 and 3 of European patent (UK) 1 611 663 B3  by the importation into, and marketing in, the UK of a product called the Quinetic Wireless Switch and a counterclaim for revocation on the grounds of anticipation and obviousness .   The action and counterclaim came on before Mr Nicholas Caddick KC sitting as a Deputy High Court Judge between 21 and 22 Sept 2023,  By his judgment dated 24 Oct 2023 Mr Caddick held that the patent was obvious over  UK Patent No. GB 879,938 ("Harding") ,  He dismissed the action and allowed the counterclaim in   EnOcean GmbH v Far Eastern Manufacturing Ltd and another  [2023] EWHC 2615 (IPEC) (24 Oct 2023). The Issues The deputy judge noted at para [3] of his judgment that the defendants, Far Eastern Manufacturing Limited and TL

  Jane Lambert Patents Court (Mr Justice Mellor)  Astellas Pharma Industries Ltd v Teva Pharmaceutical Industries Ltd and other s [2023] EWHC 2571 (Pat) (17 Oct 2023) This was an action for patent infringement and a counterclaim for revocation. The patent in suit was European patent (UK) 2,345,410 entitled Pharmaceutical Composition for Modified Release  and concerned a modified release pharmaceutical composition containing mirabegron (or a salt thereof) as an active ingredient.   Astellas Pharma Industries Ltd, (Astellas) alleged that generic mirabegron tablets that Teva Pharmaceutical Industries Ltd. and Teva UK Ltd ("Teva") and Sandoz AG and Sandoz Ltd  (Sandoz) proposed to launch would infringe the patent.   Teva and Sandoz each counterclaimed for revocation of the patent on the grounds of obviousness, insufficiency and added matter.   Astellas responded to the counterclaim by applying for the amendment of the patent.  The applications to amend were opposed. The Proce

Lufthansa's Head Offices in Deut z-Cologne  Author Duhon   Licence CC BY-SA 3.0 Deed   Source Wikimedia Commons   Jane Lambert Court of Appeal (Lady Justice King and Lords Justices  Newey and Birss)  Lufthansa Technik AG v Panasonic Avionics Corporation and others [2023] EWCA Civ 1273 (1 Nov 2023) Proceedings in the Chancery Division take place in two stages.  First, there is a trial to determine whether the defendant is liable to the claimant,  If the court finds that the defendant is liable it can order an account of profits or an inquiry as to damages.  An account of profits is a determination of the profits that the defendant has gained from his or her wrongdoing followed by an order for him or her to pay those profits to the claimant.  An inquiry as to damages is a determination of the injury, loss or damage that the claimant has suffered as a result of the defendant's wrongdoing and an order for payment to the claimant.  A claimant is entitled to an account of profits or

Royal Courts of Justice Author Anthony M   Licence   CC BY 2.0 Dee d Source Wikimedia Commons   Jane Lambert Court of Appeal (Lords Justices Arnold and Nugee and Sir Christopher Floyd) easyGroup Ltd v Nuclei Ltd and others   [ 2023] EWCA Civ 1247 (27 Oct 2023) This was an appeal by easyGroup Ltd. ("easyGroup") against the order of Mrs Justice Bacon in  easyGroup Ltd v Nuclei Ltd and others [2022] EWHC 901 (Ch) of 13 April 2022,  She dismissed easyJet's claim for trade mark infringement and revoked the marks on which it had relied.  Those marks were  UK trade mark No. 2313529A  and  EU trade marks Nos. 2907509  and  11624376 .  The appeal came on before Lords Justices Arnold and Nugee and Sir Christopher Floyd on 10 and 11 Oct 2023.  The hearing was filmed and can be viewed on YouTube (see the first day of the hearing  and the second day ).    At the end of the hearing, the Court announced that it would dismiss the appeal and give its reasons later. Their lordships handed