NIPC Law

Jane Lambert Patents Court  (HH Judge Hacon)  Philip Morris Products SA and another v Nicoventures Trading Ltd and another  [2023] EWHC 2616 (Pat) (25 Oct 2023) This was a claim by Philip Morris Products SA and Philip Morris Limited ("PMI") for the revocation of European patent (UK) 3 367 830 B1  ("EP830") and a counterclaim by Nicoventures Trading Limited and British American Tobacco (Investments)  Limited ("BAT") for the infringement of that patent.  There was also an application by BAT to amend the patent and an application by PMI for an Arrow declaration. These proceedings came on for trial before His Honour Judge Hacon sitting as a judge of the High Court between 21 and 23 and on 27 and 28 Sept, 2023.  The learned judge delivered judgment on 25 Ocr 2023 (see  Philip Morris Products SA and another v Nicoventures Trading Ltd and another [2023] EWHC 2616 (Pat) (25 Oct 2023)). By para [216] of his judgment he dismissed the counterclaim....

  Jane Lambert Patents Court (Michael Tappin KC) Nicoventures Trading Ltd v Philip Morris Products SA and another [2023] EWHC 854 (Pat) (18 April 2023 This was a claim by Nicoventures Trading Ltd ("Nicoventures") for the revocation of European patent (UK) 3266323 B1  ("323") and European patent (UK) 3741225 B1  ("225") held by Philip Morris Products SA ("Philip Morris") on grounds of obviousness and added matter  and a counterclaim by Philip Morris against Nicoventures and its parent company British American Tobacco (Investments) Ltd ("BAT") for infringement of 323   The parties had agreed that if claim 1 of 323 was obvious then so too would claim 1 of 225.  The allegedly infringing products were  ‘glo’ tobacco heating devices  and their associated consumables.  The action and counterclaim came on before Mr Michael Tappin KC sitting as a deputy judge of the High Court on 20, 21, 22 and 27 March 2023.  Mr Tappin handed do...

  Jane Lambert Patents Court (Michael Tappin KC)  Nicoventures Trading Ltd v Philip Morris Products SA and another [2023] EWHC 854 (Pat) (18 April 2023) This was an action for revocation of European Patents (UK) 3 266 323 (“323”) and 3 741 225 ("225”) and a claim for infringement of 323.  The action and counterclaim came on for trial before Michael Tappin KC sitting as a judge of the High Court between 20 and 22 and 27 March 2023. At para [191 of his judgment in  Nicoventures Trading Ltd v Philip Morris Products SA and another [2023] EWHC 854 (Pat)  which he delivered on 18 April 2023, he dismissed both the claim and the counterclaim. The Invention The Patents were granted on divisional applications from WO 2011/063970 A1  entitled “An electrically heated smoking system with external heater” as described in the following abstract: "There is provided an electrically heated smoking system for receiving an aerosol-forming substrate. The system compris...