NIPC Law

Author Pierre Adolphe Valett e   Jane Lambert Patents Court (Nicholas Caddick KC)  Price and others v Flitcraft Ltd and other s [2023] EWHC 695 (Pat) (3 April 2023) I discussed Nicholas Caddick KC's judgment in  Price and others v Flitcraft Ltd and other s [2022] EWHC 3381 (Pat) (20 Dec 2022) in Patents, Copyright and Passing off - Price v Flitcraft Lt d on 16 Jan 2022 and  A Patent Trial in Manchester at Last - Price v Flitcraft Lt d   in IP Northwest on 17 Jan 2023,  This was an action for patent and copyright infringement and passing off.  The first claimant, Philip Price, did not win on anything but the second claimant, Supawall Ltd, did have some success with the patent claim though not with passing off.  As it was not obvious which party was the overall winner a further hearing took place on  16 March 2023 to decide which of those parties should pay which costs.  The judgment was handed down on 3 April 2023 ( Price and others v F...

Jane Lambert On Wednesday I stressed the importance of pre-action correspondence and how the drafting of a letter before claim can make all the difference between getting what you want quickly and cheaply through focused negotiation and precipitating an expensive and possibly protracted law suit in  Pre-Action Correspondence - Not Just a Box to be ticked or a Hoop to be jumped through   2 Aug 2017. Today, I shall tell you what to do if you receive a letter accusing you of infringing a patent or some other intellectual property right. If you have carried out an IP audit you should have a strategy in place for just such a contingency and you will have an insurance funded legal team ready to advise and represent you.  If you have a case they should be able to see off the challenge with a well-reasoned and documented response. If, however, you are in the wrong they will advise you of that reality and suggest ways of extricating yourself from the dispute as ...