NIPC Law

  Jane Lambert Court of Appeal (Lord Justices Arnold, Nugee and Warby) Sandoz Ltd v Bristol-Myers Squibb Holdings Ireland Unlimited Company [2023] EWCA Civ 472 (4 May 2023) This was an appeal by Bristol Myers Squibb Ireland ("BMS") against Mr Justice Meade's judgment in    Sandoz Ltd and another v Bristol-Myers Squibb Holdings Ireland (Unlimited) Company [2022] EWHC 822 (Pat) (7 April 2022) which I discussed in  Patents - Sandoz Ltd v Bristol-Myers Squibb   on 28 Aug 2022.  In that judgment, his lordship held that  European patent (UK) 1 427 415 B1 (“the patent”)  was invalid for lack of plausibility and technical contribution.  Permission to appeal against Mr Justice Meade's judgment was granted by Lord Justice Lewison. The appeal was heard by Lord Justices Arnold, Nugee and Warby on 19 and 20 April 2022. They handed down judgment on 4 May 202. Their lordships unanimously dismissed the appeal (see Sandoz Ltd v Bristol-Myers Sq...

One of the fundamental principles of the European Union is that it "shall comprise a customs union which shall cover all trade in goods and which shall involve the prohibition between Member States of customs duties on imports and exports and of all charges having equivalent effect, and the adoption of a common customs tariff in their relations with third countries" (art 28 (1) of the  Treaty on the Functioning of the European Union ( "TFEU" ). Art 34 of the TFEU further provides: "Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States." However, this is subject to the following exception provided by art 36: "The provisions of Articles 34 and 35 shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals ...

Margaret Thatcher's birth place in Grantham   Source   Wikipedia According to Wikiquote , "frit" is an unusual Lincolnshire dialect abbreviation of 'frightened' which Mrs Thatcher evidently recalled from her Grantham childhood.  I am reminded of the word for two reasons.  First, Lady Thatcher is reported by today's Independent  to have said that she wishes she had never gone into politics. A report that prompted my mischievous and slightly unfair but quite irresistible  tweet  that perhaps for the first time the former Prime Minister has spoken for the nation. The second reason is that I got round to reading Judge Birss QC's judgment in Merck Sharp Dohme Corporation and Another v Teva Pharma BV and Another [2012] EWHC 627 (Pat) (15 March 2012) which concerned the circumstances in which a quia timet action and indeed interim injunctive relief are justified.  "Quia timet", as Margaret Roberts could no doubt once have told us when she was ...