NIPC Law

Cyrillic Script Monument in Antarctica Author Inoceramid Bivalves   Licence CC BY-SA 4.0   Wikimedia Comm ons Jane Lambert Court of Appeal (Lords Justices Moylan, Coulson and Arnold)   Lish v The Northern Block Ltd and another [2026] EWCA Civ 497 (27 April 2026) This was an appeal by the claimant, Mariya Vasiliyevna Lish, against the order of David Stone on 22 Aug 2025 in which he struck out two of her claims as an abuse of process of the court for the reasons given in his judgment (see  Lish v The Northern Block Ltd and Another [2025] EWHC 2172 (Ch) 23 Aug 2025).   I discussed that judgment in  Copyright - Lish v The Northern Block Ltd.   on 30 Aug 2025. Background The   first   defendant, The Northern Block ("TNB"), was a type foundry which supplied typefaces or fonts in various alphabets to graphic designers, printers, manufacturers and others.  It was founded by the second defendant, Jonathan Hill. Mrs Lish was a typeface des...

Saints Cyril and Methodius, Creators of the Glagolitic Alphabet, Forerunner of Cyrillic Author Z Zograf  Public Domain  Source Wikimedia Commons   Jane Lambert Chancery Division (David Stone)  Lish v The Northern Block Ltd and Another [2025] EWHC 2172 (Ch) (22 Aug 2025) This was an application by the defendants, The Northern Block Ltd.  and Jonathan Hill, its director and shareholder, for the striking out and/or summary judgment in claims by Mariya Vasilyevna Lish for breach of contract, breach of obligations following acceptance of a CPR Part 36 offer and copyright infringement.  The application was heard by Mr David Stone sitting as a deputy judge of the High Court on 15 July 2025. He delivered judgment in  Lish v The Northern Block Ltd and Another  [2025] EWHC 2172 (Ch) on 22 Aug 2025.  He dismissed the application for summary judgment but allowed the strikeout applications.  The Background Northern Block is a type foundry which su...

  Jane Lambert Intellectual Property Enterprise Court (HH Judge Jacon)  Tehrani v Bonaduz AR and others [2022] EWHC 1031 (IPEC) (18 Feb 2022) S.75 (1) of the Patents Act 1977 provides: "In any proceedings before the court or the comptroller in which the validity of a patent may be put in issue the court or, as the case may be, the comptroller may, subject to section 76 below, allow the proprietor of the patent to amend the specification of the patent in such manner, and subject to such terms as to advertising the proposed amendment and as to costs, expenses or otherwise, as the court or comptroller thinks fit." In  Tehrani v Bonaduz AR and others [2022] EWHC 1031 (IPEC) (18 Feb 2022),  the patentee sought to change the words "for a next breath of the patient" to "for the next breath of the patient" in one of the claims and consequential amendments of the body of the specification.  The problem with the application is that it was sought after the court...

Author EvaK   Licence CC BY-SA 2.5   Source Wikipedia Harwich Jane Lambert Intellectual Property Enterprise Court, Small Claims Track (HH Judge Hacon)  Evans v Trebuchet Design Ltd and another   [2020] EWHC 3037 (IPEC) (20 Oct 2020) This was an application by the defendants to an action for copyright and database right infringement and breach of contract to strike out the claim on the ground that the dispute had been compromised.  Although the case was decided in the small claims track of the Intellectual Property Enterprise Court, it concerned important matters of principle including the rule in Henderson v Henderson    (1843) 3 Hare 100, 67 ER 313, [1843] UKPC 6, the formation of contracts and costs in the small claims track. The importance of the case is signified by the fact that it was argued before the Enterprise Judge by patent counsel and a senior solicitor and trade mark attorney advocate whose public-spirit and oral and written advocacy were...

Jane Lambert Intellectual Property Enterprise Court (Judge Melissa Clarke)  Thomas v Luv One Luv All Promotions Ltd and another [2020] EWHC 1565 (IPEC) (17 June 2020) This was an application to strike out part of the defence to the claimant's action for passing off and transfer or cancellation of the second defendant's trade mark registration on grounds of cause of action estoppel, issue estoppel, the principle in Henderson v Henderson, and abuse of process or, alternatively, summary judgment under Part 24 of the Civil Procedure Rules.  The application was issued on 28 Feb 2010 which was a few days before the case management conference of 6 March 2020 at which  several issues were ordered to be tried .  The application came on before Her Honour Judge Melissa Clarke who considered it on paper at the parties' request. The Facts Between 1986 and 2016 the claimant and the second defendant had been members of a band called LOVE INJECTION or LUV ...

Eli Lilly & Co.'s factory in Indianapolis in 1862 Author Eli Lilly & Co. Source Wikipedia Jane Lambert Patents Court (Mr Roger Wyand QC) Eli Lilly and Co. v Genentech, In c [2020] EWHC 261 (Pat) (14 Feb 2020) This was the trial of a preliminary issue and application for summary judgment in Eli Lilly and Co.'s claim for revocation of Genentech Inc.'s European patent  (UK) EP2784084  for Antagonist antibodies to il-17a/f heterologous polypeptides.  Genentech alleged that the patent was valid and that Eli Lilly had infringed it and counterclaimed for the usual remedies for patent infringement.  The action and counterclaim came on before Mr Roger Wyand QC sitting as a deputy judge of the High Court on 28 and 29 Jan 2020 and he delivered judgment in  Eli Lilly and Co. v Genentech, In c [2020] EWHC 261 on St. Valentine's day. The preliminary issue was whether certain matters were res judicata by reason of Mr Justice Arnold's decision in Eli Lill...

Author BTphotosUK Licence Attribution 2.0 Generi c Source Wikipedia Fiber to the x Jane Lambert On Monday I discussed Mr Justice Henry Carr's judgment in  TQ Delta, LLC v ZYXEL Communications Ltd and Another [2019] EWHC 562 (Pat) (11 March 2019) and mentioned the injunction he granted in  TQ Delta LLC v Zyxel Communications Ltd and another  [2019] EWHC 745 (Pat) (18 March 2019) (see Standard Essential Patents - TQ Delta, LLC v ZYXEL Communications Ltd   22 July 2019). Since then.  Since then, there have been two further hearings in the proceedings: one before Mr Justice Birss on 17 April ( TQ Delta, LLC v Zyxel Communications UK Ltd and another No 3 [2019] EWHC 1089 (Pat) (17 April 2019)) and the other before Mr Recorder Campbell QC on 19 June 2010 (see TQ Delta, LLC v Zyxel Communications UK Ltd and another [2019] EWHC 1597 (Pat) (19 June 2019)). History of the Litigation In his judgment, Mr Justice Birss noted that the action had ...