NIPC Law

Jane Lambert Chancery Division (Mr Justice Measd) Societe des Produits Nestle SA v Cadbury UK Ltd [2022] EWHC 1671 (Ch) (5 July 2022) This was an appeal from Louise White's decision in The Colour Purple, Société des Produits Nestlé  SA v Cadbury UK Ltd, BL O/198/19 of 12 April 2019. The hearing officer had heard oppositions by Société des Produits Nestlé ("Nestlé") to the following trade mark applications by Cadbury UK Ltd. ("Cadbury"): Application No 3 019 362 Application No 3 019 361 , and  Application No 3 025 822 . She found for the opponent in respect of application numbers3025822 and 3019361 but not application number 3019362. Cadbury appealed against her decision on 025822 and 3019361. Before the appeal could be heard. Cadbury settled its differences with Nestlé.  The Registrar of Trade Marks considered that the appeal gave rise to important issues where the law was uncertain and sought to intervene in the proceedings.  Permission to do son was granted...

Florence Foster Jenkins  by G B Bain   Jane Lambert Intellectual Property Enterprise Court (Mr Justice Meade) Martin and another v Kogan [2021] EWHC 1242 (IPEC) (19 May 2021) Florence Foster Jenkins  seems to have been a rather good film about a less than good opera singer. The idea for the film seems to have been Julia Kogan's.  After a trial before Judge Hacon ( Martin and Another v Kogan [2017] EWHC 2927 (IPEC) (22 Nov 2017)) an appeal to the Court of Appeal ( Martin and another v Kogan [2019] EWCA Civ 164) and a retrial before Mr Justice Meade, the learned judge found that Ms Kogan was a joint author of the screenplay and that her contribution was 20% (see Martin and another v Kogan [2021] EWHC 24 (Ch) (11 Jan 2021)).  I discussed that litigation in  What constitutes Joint Copyright? Martin v Kogan   29 Dec 2017,  Joint Copyright - The Appeal in Martin and Another v Kogan   16 Oct 2019 and  Joint Copyright - The Retrial in Mart...

2D Structure of T ravoprost Author Vaccinationist     Source Wikimedia Commons   Jane Lambert Patents Court (Mr Justice Meade)   Alcon Research LLC and other v Actavis Group PTC EHF and others [2021] EWHC 1026 (Pat) (23 April 2021) This was an action for relief for the infringement of European patent (UK) 1 920 764  which had expired in 2014 and a counterclaim for its revocation on grounds of anticipation , obviousness  and insufficiency .  The defendants admitted that their products would have infringed the patent had it been valid so these were effectively revocation proceedings.  A supplementary protection certificate  numbered  SPC/GB12/038  had been granted for  Travoprost  upon the expiry of the patent but the only issue that related to the SPC depended on the validity of the patent. The action and counterclaim came on for trial before Mr Justice Meade between 16 and 22 March 2021 and his lordship delivered ju...

Electron Microscope Image of Human Blood Photographers: Bruce Wetzel and Harry Schaefer Jane Lambert Patents Court  (Mr Justice Meade)  Merck Sharp & Dohme Ltd v Wyeth LLC [2020] EWHC 2636 (Pat) (15 Oct 2020) This was an action by Merck Sharp & Dohme Ltd ("MSD") for the revocation of European Patent (UK) 2,676,679  for formulations which stabilize and inhibit precipitation of immunogenic compositions which had been granted to Wyeth LLC ("Wyeth") on grounds of want of novelty, obviousness and insufficiency.  Wyeth counterclaimed for infringement and also applied for the amendment of certain claims. The trial took place between 30 June and 10 July 2020 before Richard Meade QC as he then was.  In a press release dated 4 Sept 2020, the Judicial Appointments Commission announced   that Mr Meade had been elevated to the High Court bench with effect from 7 Sept 2020. His lordship handed down his judgment in this action on 15 Oct 2020 (see  Merck ...