NIPC Law

  Jane Lambert Court of Appeal (Lords Justices Peter Jackson, Arnold and Stuart Smith) Generics (UK) Ltd and others v AstraZeneca AB    [2025] EWCA Civ 903 (16 July 2025) This was an appeal by AstraZeneca AB from the judgment of Dr Michael Tappin KC sitting as a deputy judge of the High Court in    Generics (UK) Ltd v AstraZeneca AB [2025] EWHC 1012 (Pat) (28 April 2025).  In that case, Generics (UK) Limited and several other generic pharmaceutical manufacturers had claimed a declaration that the following supplementary protection certificates were invalid and an order for their revocation: SPC/GB13/021  for dapagliflozin and pharmaceutically acceptable salts thereof;   and SPC/GB14/050  for a combination of dapagliflozin or a pharmaceutically acceptable salt thereof and metformin or a pharmaceutically acceptable salt thereof.  Those SPCs derived from  European patent (UK) 1 506 211 B1 .  The claimants contended that the ...

Jane Lamber t Intellectual Property Enterprise Court (Recorder Amanda Michaels)  With Wise Ltd v Wise Payments Ltd (Formerly TransferWise Ltd ) [2025] EWHC 1809 (IPEC) (17 July 2025)   On 17 July 2025, I discussed Recorder Amanda Michaels's judgment in  Wise Payments Ltd v With Wise Ltd and others [2025] EWHC 1722 (IPEC) (11 July 2025) in Trade Marks - Wise Payments Ltd v With Wise Ltd.   In that article, I noted that those proceedings were unusual in that the trial in that action and counterclaim lasted more than two days and involved more than the average number of interim applications. One of those applications was brought by With Wise Ltd. and its directors for permission to amend their defence and counterclaim to seek the revocation of trade mark number UK3346396  for non-use under s.46 (1) (a) of the Trade Marks Act 1994.  The application was heard by His Honour Judge Hacon on 13 Dec 2024 (see  Wise Payments Ltd v With Wise Ltd and ot...

  Jane Lambert Intellectual Property Enterprise Cour t (Recorder Amanda Michaels) Wise Payments Ltd v With Wise Ltd and others [2025] EWHC 1722 (IPEC) (11 July 2025) This was a claim for trade mark infringement and  passing off , and a counterclaim for trade mark invalidation and passing off. The action and counterclaim were tried by Recorder Amanda Michaels between 14 and 16 May 2025. These proceedings were unusual in that the trial lasted more than 2 days and there were more than the average number of interim applications.  I discussed two of those applications in  Practice - Wise Payments Ltd v With Wise Ltd. and others   on 22 Feb 2024.  Recorder Michaels handed down her judgment on the claim and counterclaim in  WISE Payments Ltd v With Wise Ltd and others [2025] EWHC 1722 (IPEC) on 11 July 2025.  She found for each of the parties on particular issues of the claim and counterclaim. The Claimant The Claimant was Wise Payments Ltd ...

Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacom) J eff Gosling Ltd. v Autochair Ltd,   [2025] EWHC 1687 (IPEC) 8 July 2025 The Parties Jeff Gosling Ltd. ("JGL")  installs a range of boot hoists used to load a wheelchair or scooter into the boot of a saloon car or the rear of a hatchback, van or estate car.  One of those products is known as an  "Apex Assist" hoist . A diagram of that product taken from its fitting instructions appears above.   Autochair Ltd . ("Autochair") also supplies a range of hoists that load and unload wheelchairs, mobility scooters and power chairs from vehicles.  That company is the proprietor of  European Patent No. 2 578 197 B1  (‘the Patent’) for a hoist for loading and unloading an item into and out of the load-carrying space of a vehicle such as the boot of a car.  Declarations of Non-Infringement S.71 of the Patents Act 1977 provides a procedure by which a party who fears that an ...