NIPC Law

© Kameraprojekt Graz 2015 / Wikimedia Commons / CC BY-SA 4.   Jane Lambert Intellectual Property Enterprise Court (HH Judge Melissa Clarke) Tipping v Smith [2026] EWHC 1855 (22 July 2026) In  Damages for Trade Mark Infringement - Fendi Italia and others v Rolo Fashion Ltd and another   30 Aug 2026, I explained that claimants in intellectual property cases whose rights have been infringed have "the choice of   seeking damages (compensation for the loss or damage that they sustained as a result of the infringements) to be assessed in proceedings known as 'an inquiry as to damages' or the surrender of any profits that the defendants had obtained from the infringements assessed in proceedings known as an 'account of profits.'"   Although Judge Melissa Clarke, who heard  Tipping v Smith   [2026] EWHC 1855, called the proceedings a "quantum trial" they were also an inquiry as to damages.  Cause of Action An important difference between  Fendi It...

Royal Courts of Justice Author Anthony Majanlathi   Licence CC BY 2.0   Source Wikimedia Commons   Jane Lambert Court of Appeal (Lords Justices Arnold, Nugee and Birss)  InterDigital Technology Corporation and others v Lenovo Group Ltd and others [2024] EWCA Civ 743 (12 July 2024) This was an appeal by the claimants, InterDigital Technology and others ("InterDigital") and a cross-appeal by the defendants, Lenovo Group Limited and others ("Lenovo") against the order of Mr Justice Mellor in InterDigital Technology Corporation and others v Lenovo Group Ltd and others [2023] EWHC 1578 (Pat) (27 June 2023). That order implemented his lordship's judgment in    InterDigital Technology Corporation and others v Lenovo Group Ltd (FRAND Judgment - Public Version) [2023] EWHC 539 (Pat) (16 March 2023) which I discussed in  Patents - Interdigital Technology Corporation and others v Lenovo Group Ltd. and others   on 21 March 2023.  Mr Justice Mellor req...

Usury Author Albrecht Durer "Ship of Fools"   Jane Lambert Intellectual Property Enterprise Court (Ian Karet)  FBT Productions, LLC v Let Them Eat Vinyl Distribution Ltd [2021] EWHC 1316 (IPEC) (17 May 2021) S.15 and Sched 1  of the Administration of Justice Act 1982 inserted a new s.35A (1) into the Senior Courts Act 1981: "Subject to rules of court, in proceedings (when-ever instituted) before the High Court for the recovery of a debt or damages there may be included in any sum for which judgement is given simple interest, at such rate as the court thinks fit or as rules of court may provide, on all or any part of the debt or damages in respect of which judgement, for all or any part of the period between the date when the cause of action arose and— (a) in the case of any sum paid before judgement, the date of the payment; and (b) in the case of the sum for which judgement is given, the date of the judgement." In    FBT Productions, LLC v Let Them Eat Vinyl D...

Jane Lambert In  AP Racing Ltd v Alcon Components Ltd [2013] EWPCC 3 (5 Feb 2013) A P Racing Ltd . sued Alcon Components Ltd.  for patent infringement in the Patents County Court. The patent in suit was UK patent GB 2 451 690 for " disc brake caliper body and a disc brake caliper comprising such a body". His Honour Judge Birss QC (as he then was) found the patent to be invalid for insufficiency at paragraph [123] of his judgment. However, he also found that had the patent been valid 4 of the 5 shapes of Alcon's callipers would have infringed claim 1 of A P Racing's patent. A P Racing appealed successfully to the Court of Appeal in  AP Racing Ltd v Alcon Components Ltd ,    [2014] RPC 27, [2014] EWCA Civ 40.  The Court restored the patent and ordered an inquiry as to damages or an account of profits.  The claimant elected an inquiry which came on before His Honour Judge Halcon in  AP Racing Ltd v Alcon Components Lt...