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Showing posts with the label exclusive

The Flitcraft Appeal - Flitcraft Ltd and others v Price and another

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Author Sodacan   Licence CC BY-SA 3.0 Deed   Source Wikimedia Commons Jane Lambert Court of Appeal (The Master of the Rolls, Lord Justice Nugee and Sir Christopher Floyd)  Flitcraft Ltd and others v Price and another [2024] EWCA Civ 136 (27 Feb  2024) On 31 Jan 2024, the Court of Appeal (consisting of The Master of the Rolls, Lord Justice Nugee and Sir Christopher Floyd) heard two separate appeals against orders by Nicholas Caddick KC in proceedings that had been brought by Philip Price ("Mr Price") and others against Flitcraft Ltd ("Flitcraft") and others for patent and copyright infringement and passing off.   I commented on the main trial of that action in  Patents, Copyright and Passing off - Price v Flitcraft Ltd   on 16 Jan 2023 and in A Patent Trial in Manchester at Last - Price v Flitcraft Ltd   on 17 Jan 2023 in IP Northwest and on Mr Caddick's judgment on costs following a further hearing on 16 March 2023 in Costs - Price v Flitcr...

Patents, Copyright and Passing off - Price v Flitcraft Ltd.

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Author Skip88   Licence Public Domain Source Wikimedia Commons   Jane Lambert Patents Court (Nicholas Caddick KC)  Price and others v Flitcraft Ltd and others [2022] EWHC 3381 (Pat) (20 Dec 2022) This was an action for patent and copyright infringement and passing off.  The patents in suit were GB2415714C  and GB2436989B.  The first claimant, Philip Price ("Mr Price"), claimed to own the patents. He contended that he had assigned the patents to one Fred Bridge ("Mr Bridge") shortly before he was adjudged bankrupt and that Mr Bridge had reassigned them back to him upon his discharge from bankruptcy.   The second claimant, Supawall Ltd. ("Supawall") claimed to be Mr Price's exclusive licensee.  Mr Price and Supawall alleged that the first and second defendants, Flitcraft Ltd ("Flitcraft") and Flitcraft Timber Frame Ltd., had infringed the patents by marketing and supplying a product known as "Injectawall". The third and fourth ...

The Battle of Revolax - Fox Group International Ltd v Teleta Pharma Ltd.

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Author  August Malmström Copyright Expired Source    Wikimedia Commons     Jane Lambert Intellectual Property Enterprise Court (HH Judge Melissa Clarke) Fox Group International Ltd v Teleta Pharma Ltd [2021] EWHC 1714 (IPEC) (23 June  2021)   There really was a battle of Revolax between Russia and Sweden in 1808 but that has nothing to do with this article. Revolax is also the name of a hyaluronic acid dermal filler  manufactured by the Korean company  Across Co., Ltd  ( "Across" ) which Fox Group International Ltd. ( "Fox" ) enjoyed the exclusive right to distribute in the UK. Notwithstanding a clause in Fox's distribution agreement recognizing that "trademarks, trade names, designs, copyright and other property rights included in the product possess are the unique property of [Across]" and making clear that Fox did not have or acquire any rights, title or interest in that property, Fox applied to register REVOLAX as a UK tr...