NIPC Law

Woolston Railway Station Artist Robert Sandham Licence CC BY 2,0   Source Wikimedia Commons   Jane Lambert Intellectual Property Enterprise Court (HH Judge Melissa Clarke)  DW Windsor Ltd v Urbis Schreder Lt d [2025] EWHC 563 (IPEC) (14 March 2025) This was a claim by D W Windsor Ltd. ("DWW")  against Urbis Schréder Ltd  ("US") for the infringement of UK patents  GB 2 495 509 ("'509")  and GB 2 495 566 ("'566")  by the marketing and sale of Alinea Anti-Climb illuminated handrail and a counterclaim by US for the revocation of the patents on the grounds of want of novelty and obviousness. Her Honour Judge Melissa Clarke tried the action and counterclaim on 17 and 18 Dec 2024 and handed down her judgment on 14 March 2025 (see  DW Windsor Ltd v Urbis Schreder Ltd  [2025] EWHC 563 (IPEC)).  In para [124] of her judgment, the learned judge found that claims 1, 6 and 8 (as dependent on claim 7 and claim 1) of '509 were valid and cl...

  Kidney Stone Author  Robert R Wal  Licence  Public Domain       Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon) Well Lead Medical Co Ltd v CJ Medical Ltd [2025] EWHC 492 (IPEC) (7 March 2025) This was an action by Well Lead Medical Co Ltd. ("Well Lead") against CJ Medical Ltd ("CJ Medical") for the infringement of EP (UK) 3 760 143 B1 and a counterclaim by CJ Medical for the revocation of that patent under s.72 (1) (a) and (d) of the Patents Act 1977. The action and counterclaim were trued by His Honour Judge Hacon on 3 and 4 Feb 2025.  His Honour handed down judgment on 7 March 2025 (see Well Lead Medical Co Ltd v CJ Medical Ltd [2025] EWHC 492 (IPEC) (7 March 2025)).  By para [150] of his judgment, the learned judge held that claim 3 was valid and infringed but claim 1 was invalid for obviousness. Interim Injunctive Proceedings I have previously discussed Charlotte May KC's judgment in Well Lead Medical Co Lt...

Jane Lambert Intellectual Property Enterprise Court (His Honour Judge Hacon) Babek International Ltd v Iceland Foods Ltd [2025] EWHC 547 (IPEC) (11 March 2025) This was an application by Iceland Foods Ltd ("Iceland") for summary judgment on its counterclaim for the revocation of registered trade mark number  907527963  held by Babek International Ltd. ("Babek") for meat, fish, poultry and game, meat extracts, preserved, frozen, dried and cooked fruits and vegetables, jellies, jams, competes, eggs, milk and milk products edible oils and fats in class 29 and scientific and technological services and research and design relating thereto, industrial analysis and research services design and development of computer hardware and software in class 42.  In this action Babek sued Iceland for infringing its trade mark by selling goods with a sign identical to the mark in respect of which the mark had been registered.   His Honour Judge Hacon heard the application on 26 F...

Alcatel-Lucent SA's Head Office in Boulogne-Bilancourt Author AnaBé   Licence CC BY-SA 3.0   Source Wikimedia Commons Jane Lambert Court of Appeal (Lords Justices Newey, Arnold and Snowden)  Alcatel Lucent SAS v Amazon Digital UK Ltd and other s [2025] EWCA Civ 43 (28 Jan 2025) This was the second of three cases in which the Court of Appeal had to consider whether a willing licensor of a portfolio of patents declared essential to one or more standards (" standard-essential patents" or "SEPs" ) would grant an implementer of those standards who has undertaken to take a licence to that portfolio on the terms to be determined by the Patents Court to be fair, reasonable and non-discriminatory ("FRAND") an interim licence pending that determination.  The other cases were  Panasonic Holdings Corporation v Xiaomi Technology UK Ltd and others [2024] EWCA Civ 1143 (3 Oct 2024) which I discussed in  FRAND - Panasonic Holdings Corporation v Xiaomi Technology UK ...