Posts

Showing posts with the label claims

Patents - Networld Sports v Quick Play Sport

Image
Author RickDikeman   Licence CC BY-SA 3.0   Source Wikimedia Commons     Jane Lambert Patents Court (David Stone) Networld Sports Ltd v Quick Play Sport Ltd [2026] EWHC 1295 (Ch) (1 June 2026) This was an appeal by Networld Sports Ltd ("Networld") against the decision of Dr Benjamin Micklewright on behalf of the Comptroller General of Patents, Designs and Trade Marks of 14 Oct 2025 not to revoke claims 1 and 10 of  European patent (UK) 2 146 786 B1  on grounds of anticipation and obviousness.  The appeal was heard by Mr David Stone sitting as a deputy judge of the High Court on 9 March 2026.  Mr Stone handed down his judgment on 1 June 2026.  By para [43] of his judgment in  Networld Sports Ltd v Quick Play Sport Ltd [2026] EWHC 1295 (Ch) (1 June 2026), he dismissed Networld's appeal. The Invention The title of the patent was "Goal Apparatus".   It consisted of a  frame,  first and second flexible ...

Patents - Abbott Diabetes Care Inc. v Dexcom Inc.

Image
Jane Lambert   Patents Court (Mr Justice Richards)  Abbott Diabetes Care Inc and others v Dexcom Inc and others [2023] EWHC 2591 (Ch) (18 Oct 2023) This was a claim by Abbot Daiabetes Care Inc and others ("Abbott") for infringement of European patent (UK)  2549918B1 for Medical device inserters and processes of inserting and using medical devices  and a counterclaim by Dexcom Inc and others ("Dexcom") for revocation of the patent on grounds of added matter , anticipation . insufficiency  and obviousness ,  According to Mr Justice Richatrds who tried the action and counterclaim on 6 and 7 July 2023, this was the third of a series of UK patent infringement/validity trials concerning continuous glucose monitoring ("CGM") systems .  Abbott indicated that it would apply to amend the patent if the court found it invalid.  By para [208] of his judgment which he handed down on 18 Oct 2023 the judge dismissed the claim and by [209] he dismissed the counte...

Patents - EnOcean GmbH v Far Eastern Manufacturing Ltd.

Image
Jane Lambert Intellectual Property Enterprise Court (Mr Nicholas Caddick KC)  EnOcean GmbH v Far Eastern Manufacturing Ltd and another [2023] EWHC 2615 (IPEC) (24 Oct 2023) This was an action for the infringement of claims 1 and 3 of European patent (UK) 1 611 663 B3  by the importation into, and marketing in, the UK of a product called the Quinetic Wireless Switch and a counterclaim for revocation on the grounds of anticipation and obviousness .   The action and counterclaim came on before Mr Nicholas Caddick KC sitting as a Deputy High Court Judge between 21 and 22 Sept 2023,  By his judgment dated 24 Oct 2023 Mr Caddick held that the patent was obvious over  UK Patent No. GB 879,938 ("Harding") ,  He dismissed the action and allowed the counterclaim in   EnOcean GmbH v Far Eastern Manufacturing Ltd and another  [2023] EWHC 2615 (IPEC) (24 Oct 2023). The Issues The deputy judge noted at para [3] of his judgment that the def...

Patents - Gilead Sciences Inc v NuCana Plc

Image
  Jane Lamber t Patents Court  (Mr Justice Meade) G ilead Sciences Inc and another NuCana PLC  [2023] EWHC 611 (Pat) (21 March 2023) This was an action by Gilead Sciences Inc. and its British subsidiary Gilead Sciences Ltd ("Gilead") for revocation of two European Patents (UK) that had been granted to NuCana Plc ("NoCana"), namely  EP 2 955 190 B1 (“EP190”)  and   EP 3 904 365 B1 (“EP365”) .  NuCana complained that Gilead's product  sofosbuvir  infringed its patents. Mr Justice Meade, who tried the action, could see no real defence to the counterclaim if the claims of the patents were valid. Grounds of Revocation Gilead sought revocation of the patents on the following grounds: Added matter in that the  Markush group definitions of the claims  of the patents are not clearly and unambiguously disclosed in the original application; Lack of plausibility in that the Patents do not plausibly disclose any technical contribu...