NIPC Law

  Jane Lambert Patents Court (Mr Justice Mellor) Abbott Laboratories Ltd v Dexcom In c. [2021] EWHC 2246 (Pat) (6 Aug 2021) This was an application for an order to expedite the trial of an action that Abbott Laboratories Ltd. ("Abbott") had begun 2 days earlier against Dexcom Inc ("Dexcom") for the revocation of 4 of Dexcom Inc's European patents. The reason for the action and application is that Dexcom had brought proceedings for the infringement of those patents in Germany.  The trials of those actions were likely to take place between early March and the end of April 2022. In Germany, unlike the United Kingdom, it is not possible to challenge the validity of a patent in infringement proceedings.  Alleged infringers who wish to challenge the validity of the patent they are alleged to have infringed must bring opposition proceedings in the European Patent Office under art 99 of the European Patent Convention or start separate revocation proceedings in Germany....

Royal Courts of Justice Author Anthony M  Source Wikipedia   Creative Commons Licence When a patent is infringed the patentee has the choice of an inquiry as to damages or an account of profits under s.61 (1) of the Patents Act 1977.  A similar choice is available to any other intellectual property right owner whose right is infringed. In  OOO Abbott and another v Design & Display Ltd and another [2016] EWCA Civ 95 Lord Justice Lewison set out the basic principles at para [7] of his judgment: "Section 61 (1) (d) of the Patents Act 1977 entitles a patentee to claim against an infringer an account of the profits "derived by him from the infringement". An account of profits is confined to profits actually made, its purpose being not to punish the defendant but to prevent his unjust enrichment. The underlying theory is that the infringer is treated as having carried on his business (to the extent that it infringes) on behalf of the patente...