NIPC Law

Vape Cloud Chasing Author VAPES   Licence CC BY-2.0   Source Wikimedia Commons   Jane Lambert Chancery Division (Mr Justice Miles)  Bargain Busting Ltd v Shenzhen SKE Technology Co Ltd and others [2025] EWHC 1239 (Ch) (21 May 2025) Updated 16 May 2026 This was an application by Shenzhen SKE Technology Co Ltd (Shenzhen) to restrain Bargain Busting Ltd ("BB") from threatening trade mark infringement proceedings against Shenzhen's distributors and retailers.  BB is the registered proprietor of UK trade marks  UK00003235344  and  UK00003534551 , which Shenzhen has challenged on the grounds of non-use and invalidity.  BB has also applied to register CRYSTAL BAR  as a trade mark under trade mark number UK00003786148 .  Shenzhen responded to BB's threats by seeking an order under s .21C  to prevent BB from making further threats of proceedings against Shenzhen's distributors and retailers.  It also sought information o...

  Jane Lambert Court of Appea l (Lords Justices Coulson, Arnold and Warby) AstraZeneca AB and another v Glenmark Pharmaceuticals Europe Ltd [2025] EWCA Civ 480 (16 April 2025) This was an appeal against Michael Tappin KC's refusal in  AstraZeneca AB and another v Glenmark Pharmaceuticals Europe Ltd (Re Interim Injunction Application) [2025] EWHC 748 (Pat) (28 March 2025)   to grant AstraZeneca AB and AstraZeneca UK Ltd. an interim injunction to restrain Gelnmark Pharmaceuticals Europe Ltd. from selling a product containing dapagliflozin pending a hearing on the form of order following a trial to determine the validity of the first claimant's supplemental protection certificates  for dapagliflozin and a combination of dapagliflozin and metformin.  The appeal was heard by Lords Justices Coulson, Arnold and Warby on 9 April 2025.  At the end of the hearing, the Lords Justices announced that they would allow AstraZeneca's appeal.  Lord Justice Arno...

Jane Lambert Patents Court (HH Judge Hacon) Bayer Intellectual Property GmbH and others v Aspire Pharma Ltd and others [2024] EWHC 711 (Pat) (27 March 2024) Rivaroxaban  is an anticoagulant medication used to treat and prevent blood clots, particularly deep vein thrombosis, pulmonary emboli and atrial fibrillation after hip or knee surgery.  Until the hearing of this application Bayer Intellectual Property GmbH, its holding and associated companies enjoyed a monopoly of the market for rivaroxaban in the UK, That was because Bayer Intellectual Property GmbH held a patent for the product as a compound which was extended until 1 April 2024 by a supplementary protection certificate. Aspire Pharma Ltd.  was one of several pharmaceutical companies that hoped to supply generic rivaroxaban upon the expiry of the SPC.  However, Bayer Intellectual Property GmbH also held European patent number 1 845 961 B1 for the treatment of thromboembolic disorders with rivaroxa...

Kidney Stone Author Robert R Wal Licence Public Domain     Jane Lambert Intellectual Property Enterprise Court (Charlotte May KC)  Well Lead Medical Co Ltd v CJ Medical Ltd [2024] EWHC 951 (IPEC) (26 April 2024) This was an application by the claimant in a patent infringement action for an interim injunction  to restrain the marketing and supply in the United Kingdom of a  ureteral access sheath ( UAS ) under CPR 25.1 (1) (a).  The claimant sought that application on the ground that such marketing and sales would infringe EP (UK) 3 760 143 B1  for a suction evacuation device that is used to retrieve stones from a patient's body.  The application was heard by Charlotte May KC sitting as a deputy judge of the High Court on 10 April 2024. By para [100] of her judgment in Well Lead Medical Co Ltd v CJ Medical Ltd [2024] EWHC 951 (IPEC) (26 April 2024), Miss May dismissed the application. Ownership of the  Patent According to the speci...

  Ja ne Lambert irst  Chancery Division (Mr Justice Mellor)  A U Vodka Ltd v NE10 Vodka Ltd and another [2022] EWHC 2371 (Ch) (21 Sept 2022) The claimant in these proceedings distilled and distributed the vodka on the left.  The first defendant the vodka on the right.  The claimant applied for an interim injunction to retrain the first defendant and its sole director and shareholder (the second defendant) from marketing and selling the vodka on the right until trial or further order.   The defendants applied to strike out the claim against the second defendant and sought an expedited trial.   The application and cross-applications came on before Mr Justice Mellor as applications by order on 16 Aug 2022.  At the end of the hearing, his lordship refused the application for an injunction and the cross-application for a strikeout but granted a speedy trial.   He set out his reasons in  AU Vodka Ltd v NE10 Vodka Ltd and anothe...

Author User:Jynto   Licence CCO 1.0   Source Wikimedia Commons   Jane Lambert Patents Court (Mr Justice Mellor)  Neurim Pharmaceuticals (1991) Ltd and another v Teva UK Ltd [2022] EWHC 954 (Pat) (26 April 2022) This was an application by    Neurim Pharmaceuticals (1991) Ltd., the proprietor of  European patent (UK)  3,103,443 , and Flynn Pharma Limited, Neurim's exclusive licensee, for an interim injunction to restrain Teva UK Ltd. from disposing, offering for sale or disposal, selling or supplying any generic version of the claimants'  Circadin  product that falls within any of the claims of that patent or that has been manufactured by any process that falls within any of its claims until judgment or further order.  An interim injunction is a court order to do, stop doing or not to do something on pain of punishment for disobedience.  The approach by which a court decides whether or not to make such an order was set out ...

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 ...