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...

Rolls Building Author  Boggling2019   Licence  CC BY-SA 4.0   Source  Wikimedia Commins Jane Lambert On 1 Oct 2010, the Patents County Court was overhauled by a new set of rules and practice directions which I discussed in New Patents County Court Rules   on 31 Oct 2010.  One of the main planks of the new rules was that the costs that could be recovered in an action before that court were to be limited to £50,000 for the trial and £25,000 for an account of profits and an inquiry.  The costs for steps in the litigation were also capped by a scale that I mentioned in my article. The Patents County Court was abolished by the Courts and Crime Act 2013 and replaced by the Intellectual Property Enterprise Court ("IPEC") (see Jane Lambert  What does the Intellectual Property Enterprise Court mean for Litigants in the North West?   12 Oct 2013 IP Northwest ). The new court inherited the rules and practices of the Patents County Court including ...

Author Francis Carruthers Gould  Source Wikimedia Commons Jane Lambert Chancery Division (Mr Justice Fancourt)  Greencastle MM LLP v Payne and others   [2022] EWHC 438  (13 Jan 2022) For many years witnesses in civil proceedings in England and Wales have delivered their  evidence in chief  in writing. That shortens trials and enables parties to know the case they have to meet at an early stage but it has given rise to concerns that factual witness statements are often ineffective in performing their core function of achieving best evidence at proportionate cost. Those concerns were expressed at a meeting of the Commercial Court Users’ Committee in March 2018.  A working group was set up consisting of: Mr Justice Popplewell (Commercial Court) (Chair)  Mr Justice Andrew Baker (Commercial Court)  Mr Justice Fancourt (Chancery Division)  Mr Justice Waksman (Commercial Court and Technology and Construction Court, and formerly Circuit Com...

A uthor a jay_suresh   Licence CC BY 2.0   Source Wikimedia Commons   Jane Lambert Patents Court (Mr Justice Meade)  Optis Cellular Technology LLC and others v Apple Retail UK Ltd and others [2021] EWHC 2564 (Pat) (27 Sep 2021) This was one of a number of trials between Optis Cellular Technologies LLC, Cellular Wireless Technologies LLC and Unwired Planet International Limited ("Optis") of the one part and Apple Retail UK Ltd, Apple Distribution International Ltd and Apple Inc ("Apple") on the other.  Optis has alleged that Apple's iPhone, iPad and other 3G and 4G devices infringe 8 of its standard-essential patents ("SEP") when implementing an  ETSI (European Telecommunications Standards Institute ) standard.  The litigation addresses the following questions.  The first is whether certain patents that have been granted to Optis are essential for the implementation of the standard.  If they are, the second question is whether the p...

By EasyGroup, Public Domain, https://commons.wikimedia.org/w/index.php?curid=100183294   Jane Lambert Chancery Division (Chief Insolvency and Companies Judge Briggs) easyGroup Ltd v Easylife Ltd and another  (Rev2) [2021] EWHC 2 150  ( Ch) (29 July 2021) I mentioned this action in Practice - easyGroup Ltd v Easylife Ltd   on 2 Feb 2022 when I discussed its pre-trial review ( easyGroup Ltd v Easylife Ltd and another [2021] EWHC 1705 (Ch) (11 June 2021). Readers will recall that it was an action for trade mark infringement and passing off. There was also a counterclaim for revocation and declarations of invalidity. The action and counterclaim came on for trial before Chief Insolvency and Companies Judge Briggs on 7, 8, 9 and 13 July 2021. Judge Briggs delivered judgment on 29 July 2021 ( easyGroup Ltd v Easylife Ltd and another   (Rev2) [2021] EWHC 2150 (Ch) (29 July 2021). By para [295] of his judgment, he dismissed the claim, revoked the registrations of ...