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Showing posts with the label validity

Patents - DLP Ltd v Coram UK Holding Ltd.

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Douglas, Isle of Man Author: Zairon ;  Licence: CC BY 4.0 ; Source: Wikimedia Commons   Jane Lambert Intellectual Property Enterprise Court (Mr David Stone sitting as a Deputy Judge of the High Court)   DLP Limited v Coram UK Holding Limited . [2026] EWHC 2448 (IPEC) This was an action for the infringement of UK patent GB2446666 , a counterclaim for its revocation on the grounds of anticipation  and obviousness  and an application for its amendment.  The action and counterclaim came before Mr David Stone, sitting as a judge of the High Court on 21 and 22 July 2026.  He delivered judgment in DLP Limited v Coram UK Holding Limited [2026] EWHC 2448 on 25 Sept 2026.  By para [90] of that judgment, Mr Stone found the patent to be valid but not infringed.  He therefore dismissed both the claim and counterclaim. The Parties The claimant was DLP Limited ("DLP") , a Manx company specialising in the design, development and manufacture of products ...

Trade Marks - Shorts International v Google

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  Jane Lambert Court of Appeal (Sir Colin Birss, Chancellor, Lord Justice Stephen Phillips and Lady Justice Falk) Shorts International Ltd v Google LLC [2026] EWCA Civ 668 (25 May 2026) This was an appeal by Shorts International Ltd. ("Shorts") against the order of Michael Tappin KC sitting as a deputy judge of the High Court following his judgment in  Shorts International Ltd v Google LLC [2024] EWHC 2738 (Ch) (31 Oct 2024).  There was also a cross-appeal by Google LLC ("Google").  The appeal and cross-appeal came before the Chancellor, Sir Colin Birss, Lord Justice Stephen Phillips and Lady Justice Falk on 10 and 11 March 2026.  They handed down their judgment in Shorts International Ltd v Google LLC [2026] EWCA Civ 668 on 25 May 2026. the late Spring Bank Holiday.   The Marks Shorts is the registered proprietor of the following marks for goods and services in classes 9, 38, and 41: It also registered the word SHORTSTV as a trade mark for goods a...

Patents - Prevayl Innovations Ltd v Whoop Inc.

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Jane Lambert   Intellectual Property Enterprise Court (HH Judge Hacon)  P revayl Innovations Ltd v Whoop Inc [2025] EWHC 399 (IPEC) (27 Feb 2025) This was a claim by Prevayl Innovations Ltd ("Prevayl") against Whoop Inc ("Whoop") for the infringement of UK patent  GB 2 589 947 ('the patent'). and a counterclaim by Whoop for a declaration of invalidity of the patent on the grounds of  anticipation and obviousness.  The action and counterclaim were tried by HH Judge Hacon on 20-21 Jan 2025.  By para [95] of his judgment in P revayl Innovations Ltd v Whoop Inc [2025] EWHC 399 (IPEC) which he delivered on 27 Feb 2025, the learned judge held the patent was invalid for lack of an inventive step.  He added that had it been valid it would have been infringed. The Invention The invention for which the patent was granted was a "bra garment and method,"  Judge Hacon described it as a type of bra which incorporates technology that measures biosigna...

Trade Marks - Alice Ltd v Photogram Ltd and others

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Author  John Tenniel  Source Alice in Wonderland .  Penguin Books Licence Copyright expired Jane Lambert Intellectual Property Enterprise Court (Her Honor Judge Melissa Clarke  Alice Ltd v Photogram Ltd and other s [2024] EWHC 3256 (IPEC) (17 Dec 2024) This was an action for the infringement of UK trade mark UK00003362772 and a counterclaim for the revocation of the mark under s.46 (1) of the Trade Marks Act 1994.  The mark was the word ALICE registered for goods in class 9 and services in class 37.  Infringement was admitted subject to the validity of the registration.  The case turned on whether the mark had been put to genuine use in the first 5 years after registration or at any time since.  The action and counterclaim came on before Her Honour Judge Melissa Clarke on 24 Oct 2024. By para [101] of her judgment in  Alice Ltd v Photogram Ltd and other s [2024] EWHC 3256 (IPEC) which she handed down on 17 Dec 2024, the learned judge dismiss...