NIPC Law

Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon)    Marflow Engineering Ltd v Cassellie Ltd [2019] EWHC 410 (IPEC) (26 Feb 2019) This was another decision by his Honour Judge Hacon on the construction of claims in accordance with art 2 of the Protocol on the Interpretation of art 69 of the European Patent Convention . It follows his  judgments in  Regen Lab SA v Estar Medical Ltd and others   [2019] EWHC 63 (Pat) and  Technetix BV and others v Teleste Ltd .    [2019] EWHC 126 (IPEC) which I discussed in Patents - Regen Lab SA v Estar Medical Ltd . 24 Jan 2019 and  Patents - Technetix BV and others v Teleste Ltd   19 Feb 2019. The Invention The patent in suit  was for a method of installing a fluid-using appliance such as a shower. The invention addressed problems arising when an appliance is connected to pipework extending from the wall against which the appliance is install...

Royal Courts of Justice Author Anthony M  Source Wikipedia   Creative Commons Licence When a patent is infringed the patentee has the choice of an inquiry as to damages or an account of profits under s.61 (1) of the Patents Act 1977.  A similar choice is available to any other intellectual property right owner whose right is infringed. In  OOO Abbott and another v Design & Display Ltd and another [2016] EWCA Civ 95 Lord Justice Lewison set out the basic principles at para [7] of his judgment: "Section 61 (1) (d) of the Patents Act 1977 entitles a patentee to claim against an infringer an account of the profits "derived by him from the infringement". An account of profits is confined to profits actually made, its purpose being not to punish the defendant but to prevent his unjust enrichment. The underlying theory is that the infringer is treated as having carried on his business (to the extent that it infringes) on behalf of the patente...

The National Guild of Removers and Storers is a trade association for the removal industry. According to its website "The Guild's priority has always been, and remains, consumer protection in an industry where there are no specific laws to protect the moving public" and its efforts in respect of consumer protection have been recognized by Which.  As a result, the Guild has a good reputation among the public making it advantageous to become a member.  The Guild has a number of trade marks which it allows its members to reproduce on their stationery, marketing literature and websites for so long as they remain members of the Guild. When a remover ceases to be a member of the Guild it is required to remove the trade mark and references to the Guild immediately. If it fails to do so the Guild sues it for trade mark infringement or passing off. The Guild has brought a number of infringement proceedings over the years against its former members and the damages that have...