NIPC Law

  Jane Lambert Intellectual Property Enterprise Court   (Mr David Stone) Lutec (UK) Ltd and others v Cascade Holdings Ltd and another (Costs) [2021] EWHC 2259 (IPEC) (13 Aug 2021) In Lutec (UK) Ltd and others v Cascade Holdings Ltd and another [2021] EWHC 1936 (IPEC) (09 July 2021), Mr David Stone found that the defendants had infringed the third claimant's registered designs. I discussed the case in  Registered Designs - Lutec (UK) Ltd v Cascade Holdings Ltd   on 2 Aug 2021.  The learned deputy judge  awarded  the third claimant its costs, to be assessed if not agreed. The parties were unable to agree on those costs so they asked Mr Stone to assess them. Costs in Ithe Patents County Court In  New Patents County Court Rules   (31 Oct 2021 NIPC Law), I discussed changes to Part 45 of the Civil Procedure Rules and the Part 45 Practice Direction which limited the costs that could be recovered in the Patents County Court.  Essentially, tho...

Save that the claimant is a well-known fashion designer, Westwood v Knight [2010] EWPCC 16 (19 Nov 2010) is a bog standard case management conference in a trade mark and copyright infringement and passing off claim. The reason why this case deserves attention is that the Judge gave some useful guidance on the following issues Directions for transfer to the Patents County Court Skeleton arguments at the CMC Pleadings Statements of truth, and Evidence. Directions on Transfer This case had started life in the Chancery Division just before the long vacation and was transferred to the Patents County Court on 1 Oct 2010, the day that the new Patent County Court rules came into force. On the order for transfer the master had directed a CMC on the first open day after 22 Oct 2010. The judge commended that order as “a useful thing to do since it ensured that the matter came before the Patents County Court for directions at an early stage after transfer.” Skeleton Argument In this ...