Posts

Showing posts from August, 2024

Patents - the Appeal in Comptroller v Emotional Perceptions

Image
  Jane Lambert Court of Appeal (Lady Justice Nicola Davies and Lords Justices Birss and Arnold)  Comptroller General of Patents, Designs and Trade Marks v Emotional Perception AI Ltd [2024] EWCA Civ 825 (19 July 2024) This was an appeal by the Comptroller-General of Patents, Designs and Trade Marks ("the Comptroller") from the decision of Sir Anthony Mann sitting as a judge of the High Court in    Emotional Perception AI Ltd v Comptroller-General of Patents, Designs and Trade Marks [2023] [2024] Bus LR 14, [2023] WLR(D) 500, [2023] EWHC 2948 (Ch)) (21 Nov 2023). Sir Anthony had allowed an appeal by Emotional Perceptions AI Ltd ("EPL") against the decision of the hearing officer Phil Thorpe in Re Emotional Perception AI Limited's Application  BL/O/542/22 of 22 June 2022. In that decision, Mr Thorpe upheld the examiner's objection to UK Patent application  GB1904713.3 for a Method of training a neural network to reflect emotional perception and related syste

Trade Marks: Lifestyle Equities v Royal County of Berkshire Polo Club

Image
  Jane Lambert Court of Appeal (Lords Justices Baker, Arnold and Nugee)  Lifestyle Equities CV and others v Royal County of Berkshire Polo Club Ltd and others  [2024] EWCA Civ 814 (22 July 2024) This was the claimants' appeal against Mr Justice Mellor's order in  Lifestyle Equities CV and Anotherr v Royal County of Berkshire Polo Club Ltd and others (Rev1) [2023] EWHC 1839 (Ch) (19 July 2023).  By that judgment, Mr Justice Mellor dismissed the claimants' claim for trade mark infringement and passing off.  The appeal came on before Lords Justices Baker, Arnold and Nugee on 9 July 2024.  The hearing was filmed and may be viewed on the Court of Appeal's YouTube channel ( morning  and afternoon ). At the end of the oral proceedings, the Court of Appeal said that it would dismiss the appeal.  Lord Justice Arnold with the agreement of Lords Justices Baker and Nugee delivered their reasons in  Lifestyle Equities CV and others v Royal County of Berkshire Polo Club Ltd and othe

The Appeal - InterDigital Technology v Lenovo

Image
Royal Courts of Justice Author Anthony Majanlathi   Licence CC BY 2.0   Source Wikimedia Commons   Jane Lambert Court of Appeal (Lords Justices Arnold, Nugee and Birss)  InterDigital Technology Corporation and others v Lenovo Group Ltd and others [2024] EWCA Civ 743 (12 July 2024) This was an appeal by the claimants, InterDigital Technology and others ("InterDigital") and a cross-appeal by the defendants, Lenovo Group Limited and others ("Lenovo") against the order of Mr Justice Mellor in InterDigital Technology Corporation and others v Lenovo Group Ltd and others [2023] EWHC 1578 (Pat) (27 June 2023). That order implemented his lordship's judgment in    InterDigital Technology Corporation and others v Lenovo Group Ltd (FRAND Judgment - Public Version) [2023] EWHC 539 (Pat) (16 March 2023) which I discussed in  Patents - Interdigital Technology Corporation and others v Lenovo Group Ltd. and others   on 21 March 2023.  Mr Justice Mellor required Lenovo to pay