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Showing posts with the label prior art

Patents - Networld Sports v Quick Play Sport

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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 ...

Registered Designs - Erol v Posh Fashion Ltd

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Jane Lambert Intellectual Property Enterprise Court (Mr Recorder Campbell) Erol v Posh Fashion Ltd [2022] EWHC 195 (IPEC) (8 Feb 2022) This was an action for the alleged infringement of two registered designs : Design number 4020066 for a hoody sweatshirt; and  Design number 4020067 for a T-shirt. The action came on for trial before Mr Recorder Campbell QC on 2 Dec 2021 who delivered judgment on 8 Feb 2022 (see  Erol v Posh Fashion Ltd [2022] EWHC 195 (IPEC) (8 Feb 2022)). By para [38] of his judgment, he dismissed the action on the ground that the registrations were invalid. Registered Designs A registered design is a design that is registered with the Designs Registry of the Intellectual Property Office under the provisions of the Registered Designs Act 1949 as amended.  Registration confers on the proprietor the exclusive right to use the design and any design which does not produce on an informed user a different overall impression.  "Use” means ma...

Patents - Koninklijke Philips NV. v Asustek Computer Inc. and others

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Philips's Head Office in Amsterdam Author Philips Source Wikipedia Philips   Jane Lambert Court of Appeal (Lord Justices Patten, Floyd and Henderson)    Koninklijke Philips N.V. v Asustek Computer Inc. and others [2019] EWCA Civ 2230 (17 Dec 2019) This was an appeal against three separate but related judgments by Mr Justice Arnold: Koninklijke Philips NV v Asustek Computer Inc, and others [2018] EWHC 1224 (Pat) (23 May 2018):  Koninklijke Philips NV v Asustek Computer Inc. and others [2018] EWHC 1732 (Pat) (10 July 2018); and  Koninklijke Philips NV v Asustek Computer Inc. and other s [2018] EWHC 1826 (Pat) (19 July 2018). Koninklijke Philips NV ("Philips") is the registered proprietor of the following European patents(UK):  EP1440525 for a radio communication system  ("525"),   EP1685659 for a radio communication system, method of operating a communication system, and a mobile station (""659") and...

Patents - Quinn v Linpac

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Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon)  Quinn Packaging Ltd v Linpac Packaging Ltd and another  [2019] EWHC 2119 (IPEC) (31 July 2019) This was a claim by Quinn Packaging Ltd. for the revocation of British patent GB1100292.0  which is held by Linpac Packaging Ltd. on the ground of obviousness. Quinn also claimed the revocation on the same grounds of a patent that had been granted to Faerch A/S  the title and number of which are not mentioned in the transcript. The item of prior art relied on by Quinn in both cases was Australian Patent No. 638092  Method for manufacturing containers provided with a peelable closure, The issue in dispute was whether a skilled person who read the Australian patent before the priority dates of the Linpac and Faerch patents knowing of the need for a better sealing solution for plastic food trays would have recognized that the Australian patent provided the answer, namely t...

Court of Appeal upholds Birss J in Unwired Planet v Huawei

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Jane Lambert Court of Appeal Unwired Planet International Ltd v Huawei Technologies Co Ltd   [2017] EWCA Civ 266 (12 April 2017) Lords Justices Gross and Floyd and Mr Justice Arnold  In  Unwired Planet International Ltd v Huawei Technologies Co Ltd and Others [2015] EWHC 3366 (Pat) (23 Nov 2015), Unwired Planet sued Huawei, Samsung and Google for patent infringement. The patent in suit was European patent 2,229,744 entitled Method and arrangement in a wireless communication network  which is concerned with polling for a wireless communication network. The trial judge, Mr Justice Birss, explained at para [2] of his judgment that "In this context the word "poll" refers to a message sent by a transmitter of data to the receiver to ask the receiver to tell the transmitter what information has been received. In the context of the mobile radio networks in this case, the poll asks the receiver to send a "status report". When the trans...

Case Note: Jushi Group Co Ltd v OCV Intellectual Capital LLC

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Strands of Glass Fibres Author NoiseD Source Wikipedia Creative CommonsLicence  Jane Lambert Jushi Group Co Ltd v OCV Intellectual Capital LLC [2017] EWHC 171 (IPEC) (06 Feb 2017)  This was a claim  by the Jushi Group Co. Ltd . ("Jushi") for declarations of invalidity and non-infringement and the revocation of European patent   number 1 831 118 for glass yarns for reinforcing organic and/or inorganic materials . The patentee, OCV Intellectual Capital LLC (a subsidiary of Owens Corning ) ("OCV"), counterclaimed for infringement of the patent. Jushi admitted infringement if the patent was valid. The only issue to be determined was whether the patent was valid. The action came on before His Honour Judge Hacon on the 5 and 6 Dec 2016. His Honour delivered judgment on 6 Feb 2017. The Invention The patented invention was a glass strand comprising 12 listed constituents, each being present in prescribed ...