NIPC Law

Jane Lambert   Patents Court (Mr Justice Richards)  Abbott Diabetes Care Inc and others v Dexcom Inc and others [2023] EWHC 2591 (Ch) (18 Oct 2023) This was a claim by Abbot Daiabetes Care Inc and others ("Abbott") for infringement of European patent (UK)  2549918B1 for Medical device inserters and processes of inserting and using medical devices  and a counterclaim by Dexcom Inc and others ("Dexcom") for revocation of the patent on grounds of added matter , anticipation . insufficiency  and obviousness ,  According to Mr Justice Richatrds who tried the action and counterclaim on 6 and 7 July 2023, this was the third of a series of UK patent infringement/validity trials concerning continuous glucose monitoring ("CGM") systems .  Abbott indicated that it would apply to amend the patent if the court found it invalid.  By para [208] of his judgment which he handed down on 18 Oct 2023 the judge dismissed the claim and by [209] he dismissed the counte...

  Jane Lambert Business and Property Courts of England and Wales, Intellectual Property Enterprise Court (Mr Nicholas Caddick QC) Vernacare Ltd v Moulded Fibre Products Ltd.   [2022] EWHC  2197 (IPEC) This was an action for patent infringement.  It was brought by  Vernacare Limited ("Vernacare")  against  Moulded Fibre Products Limited (“MFP”).   Vernacare held the following UK patents:  GB 2446793 (“793”)   for a wash bowl. and  GB2439947 ("947")  for mouldable paper pulp composition.  It complained that a wash bowl marketed by WFP infringed both patents. WFP challenged the validity of those patents and denied that its wash bowl infringed 793.  The proceedings were tried by Nicholas Caddick QC (as he then was) sitting as a deputy judge of the Chancery Division between 13 and 15 June 2022. He delivered judgment on 15 June 2022 (see  Vernacare Ltd v Moulded Fibre Products Ltd [2022] EWHC 2197 (IPEC))....

Author Milkerfish Source Wikipedia   Creative Commons   CC0 1.0 Universal Public Domain Dedication Court of Appeal (Lady Justice Arden and Lord Justices Kitchin and Floyd)    Koninklijke Philips N.V. v Asustek Computer Incorporation and Others [2017] EWCA Civ 1526 (11 Oct 2017)   Jane Lambert In FRAND   8 Oct 2017 I discussed the terms upon which patents for inventions that are essential to a standard are licensed.  I noted that courts around the world had held that those terms should be fair, reasonable and non-discriminatory  - in other words, FRAND. The Court of Appeal's decision in Koninklijke Philips N.V. v Asustek Computer Incorporation and Others [2017] EWCA Civ 1526 (11 Oct 2017) concerned the construction of a clause licensing such patents. It is important to note, however, that none of the judges who heard the appeal mentioned the acronym, FRAND, and it appeared only twice in the judgment of the trial ju...