NIPC Law

  Jane Lambert Intellectual Property Enterprise Court (Pat Treacy)  JBC Distributors Inc and another v Mudahy (t/a Pak Cosmetic Centre) and another [2023] EWHC 1480 (IPEC) (23 June 2023) This was an application for summary judgement on a claim for trade mark infringement and the striking out of a defence and counterclaim for groundless threats and reimbursement for unsold stocks returned by Sainsbury's The applications came on before Pat Treacy sitting as a deputy judge of the High Court on 9 June 2023.   By para [43] of her judgment which she handed down on 23 June 2023, the learned deputy judge dismissed the summary judgment application and the application to strike out the defence (see J BC Distributors Inc and another v Mudahy (t/a Pak Cosmetic Centre) and another [2023] EWHC 1480).  She also struck out the counterclaim for reimbursement for unsold stocks but not the counterclaim for unjustified threats. The Claim The claimant is the registered proprietor...

  Jane Lambert Patents Court (Douglas Campbell KC) Newron Pharmaceuticals SpA v Comptroller-General of Patents, Trade Marks and Designs [2023] EWHC 1471 (Ch) (16 June 2023) This was an appeal by Newron Pharmaceutical SpA ("Newron") against the decision of Dr L Cullen in Re SPC/GB15/046, Newron Pharmaceuticals S.p.A v Comptroller  BLO/1053/22 1 Dec 2022.  Newron is the proprietor of European patent (UK) 1613296 B1 for Methods for treatment of Parkinson's disease ("the Patent") which will expire on 24 April 2024. The appellant sought a supplementary protection certificate ("SPC") for a combination product comprising safinamide and “levodopa/PDI”, that is to say, a levodopa and a peripheral decarboxylase inhibitor (PDI) such as carbidopa .  The hearing officer refused the application on the grounds that it did not meet the requirements of art 3 (b) of Regulation (EC) No. 469/2009 (“the SPC Regulation”). The appeal came on before Mr Dougla...

  Jane Lambert Business and Property Courts of England and Wales, Intellectual Property List ( Mrs Justice Joanna Smith) Lidl Great Britain Limited and another v Tesco Stores Ltd and anothe r [2023] EWHC 1517 (Ch) (21 June 2023) In Trade Marks - Lidl v Tesco   which I posted to this blog on 1 May 2023 I discussed Mrs Justice Joanna Smith's judgment in ) Lidl Great Britain Limited and another v Tesco Stores Ltd and another [ 2023] EWHC 873 (Ch) (19 April 2023),  In that case Lidl Great Britain Ltd and Lidl Stiftung & Co KG ("Lidl") sued Tesco Stores Ltd and Tesco Plc ("Tesco") for copyright \and trade mark infringement and passing off. Tesco counterclaimed for cancellation of some of Lidl's marks,  By her judgment of 19 April 2023 the judge found for Lidl on its claim and Tesco on part of its counterclaim. Outstanding Issues The parties agreed that Tesco was entitled to an injunction to restrain trade mark infringement and passing off but Tesco objecte...

Author Sadarama   Licence CC BY-SA 4.0   Source Wikimedia Commons   Oma strickt Strümpfe (Grandmother knits stockings)   Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon)  Crafts Group LLC v Indeutsch International and another [2023] EWHC 1455 (IPEC) (16 June 2023) This was an application by Indeutsch International and Knitpro International for a stay of claims that had been brought against them in the Intellectual Property Enterprise Court by the Crafts Group LLC to abide the outcome of cancellation proceedings in the EU Intellectual Property Office.   The application was based on art 132 (1) of   Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (codification)(Text with EEA relevance. ) OJ L 154, 16.6.2017, p. 1–99 ("the EU Trade Mark Regulation")  and CPR 3.1 (2) (f) . The Litigation On 11 Dec 2020 Crafts Group LLC issued proceedings agai...

  Jane Lamber t Court of Appeal (Lady Justice Thirwall and Lords Justices Arnold and Birss)  Advanced Bionics AG and  Another v Med-El Elektromedizinische Gerate Gmb H [2023] EWCA Civ 637 (9 June 2023) This was an appeal against Mr Campbell Forsyth KC's revocation of European patent (UK)  3 138 605 entitled "MRI-safe disk magnet for implants"  ("the patent") on grounds of obviousness over  PCT application WO 03/081976 A2 entitled "Reducing Effect of magnetic and electromagnetic fields on an implants magnet and/or electronic" invented by Martin Zimmerling ("Zimmerling") (see Advanced Bionics AG and another v Med-El Elektromedizinische Gerate GmbH [2022] EWHC 1345 (Pat) (1 June 2022)). The defendant, Med-El Elektromedizinische Gerate GmbH, ("Med-El") applied for permission to appeal which was granted by Lord Justice Arnold.  The appeal was heard by Lady Justice Thirwall, Lord Justice Arnold, and Lord Justice Birss on 23 and 24 May 2...

Jane Lambert Intellectual Property Enterprise Court (Mr Recorder Campbell KC)  KF Global Brands Ltd v Lead Wear Ltd and others  [2023] EWHC 1303 (IPEC) (2 June 2023) This was an action for unregistered design right infringement.   The claimant, KF Global Brands Ltd ("KF"), claimed design right in the design of BKS-001 cargo trousers.  A pair of those trousers appears above.  The document below was alleged to record the design. KF alleged that a Bangladeshi company called S&S Swimwear made copies of those trousers (a sample of which appears below) in Bangladesh:   It complained that S&S sold those trousers to Lead Ware Ltd (the first defendant) and Mr Kamml Hassan (the second defendant) for resale in the UK.  The defendants denied that design right subsisted in the design of the  BKS-001 trousers on the ground that the BKS-001 design had been copied from the design of the following garment known as "the Aldi trousers." They also denied that...