NIPC Law

Drachma Coin depicting the Automaton Talon Author Jastrow   Copyright Released by owner Source Wikimedia Commons   Jane Lambert Court of Appeal (Lords Justices Arnold and Birss and Lady Justice Elisabeth Laing) Thaler v Comptroller of Patents, Trade Marks and Designs [2021] EWCA Civ 1374 (21 Sep 2021) This was an appeal by Dr Stephen Thaler against the decision of Mr Justice Marcus Smith in Thaler v The Comptroller-General of Patents, Designs and Trade Marks [2020] EWHC 2412 (Pat) (21 Sept 2020) which I discussed in  Thaler v The Comptroller - The Patents Court decides whether Machines can be Inventors   on 22 Sept 2020.  Readers will recall that Mr Thaler has made a "creativity machine" called DABUS.  He alleged that DABUS had invented a Food Container and Devices and methods for obtaining advanced attention  which he applied to patent.  The Comptroller refused Dr Thaler's application and his decision was upheld by Mr Justice Marcus Smith....

Ebenezer Scrooge and Marley's Ghost Jane Lambert Patents Court (Mr Justice Matcus Smith) Neurim Pharmaceuticals (1991) Ltd and Another v Generics UK Ltd (t/a Mylan) and anothe r  [2021] EWHC 530 (Pat) (12 March 2021) This was an action by Neurim Pharmaceuticals (1991) Ltd   ("Neurim")   the proprietor of European patent (UK) 1 441 702 B1   and Flynn Pharma Ltd ("Flynn"), its purported exclusive licensee, to restrain the infringement of that patent by Generics UK Ltd. and Mylan UK Healthcare Ltd. There was also a counterclaim by the defendants (referred to jointly as "Mylan") for the revocation of the patent on grounds of anticipation, obviousness and insufficiency.  This action and counterclaim came on for trial before Mr Justice Marcus Smith between 29 Oct and 5 Nov 2020.  At first, Neurim was victorious.   By para [148] of his judgment in  Neurim Pharmaceuticals (1991) Ltd and another v Generics UK Ltd and another [2020] EWHC 32...

Fresh sliced  Halloumi  cheese Author Zlerman   Copyright waived by the owner Jane Lambert Chancery Division (Mr Justice Marcus Smith)  Foundation for the Protection of the Traditional Cheese of Cyprus Named Halloumi v Babel Sajt Kft . [2020] EWHC 2858 (Ch) (30 Oct 2020) This was an appeal by the Foundation for the Protection of the Traditional Cheese of Cyprus Named Halloumi ("the Foundation") against the decision of Ms Clare Boucher to allow the application of Babel Sajt Kft for the registration of the trade mark shown below to proceed to grant (see Re Babel Sajt Kft's Application    BL O/152/20 11 March 2020).  The appeal came on before Mr Justice Marcus Smith on 20 July 2020.  He allowed the appeal in   Foundation for the Protection of the Traditional Cheese of Cyprus Named Halloumi v Babel Sajt Kft. [2020] EWHC 2858 (Ch) which he handed down on 30 Oct 2020. The Application On 7 Nob 2018m, the Hungarian company Babel Sajt Kft...

Jane Lambert   Patents Court (Mr Justice Marcus Smith) Thaler v The Comptroller-General of Patents, Designs and Trade Marks [2020] EWHC 2412 (Pat) (21 Sept 2020) DABUS was described by its owner, Dr Stephen Thaler, "as a type of 'Creativity Machine'".  I have mentioned it before in Artificial Intelligence - The DABUS Inventions   19 Feb 2020 and Artificial Intelligence and Intellectual Property   27 Dec 2019 NIPC News.  Dr Thaler claims that his machine has invented a Food Container  and Devices and methods for obtaining advanced attention .  Applications for patents for those inventions have been filed in the United Kingdom, the United States and the European Patent Office.  All three applications have been rejected on the grounds that an inventor must be a human being under the laws of the United Kingdom and the United States and the European Patent Convention. In Britain, Dr Thaler appealed to the Comptroller and his appeal was heard by Mr Huw...

Author Ham - Licence CC BY-SA 3.0, Source Wikipedia  Jane Lambert Court of Appeal (Lords Justices David Richards, Newey and Arnold)  TBD (Owen Holland) Ltd v Simons and others [2020] EWCA Civ 1182 (8 Sept 2020) This was a judgment on two appeals.  The first appeal was brought by John O'Boyle ("Mr O'Boyle") against an order by His Honour Judge Keyser QC  permitting TBD (Owen Holland) Ltd, ("TBD") to bring committal proceedings for contempt of court against Mr O'Boyle in TBD (Owen Holland) Ltd v Simons  [2019] EWHC 2390.  The second was by TBD against Mr Justice Marcus Smith's order in  TBD (Owen Holland) Ltd v Simons and others   [2020] EWHC 30 (Ch) which I blogged in  Search Orders - TBD (Owen Holland) Ltd v Simons and Others   on 22 Jan 2020.   Both appeals arose from the execution of an order for the search of Mr O'Boyle's home and the premises of his former company G2A Limited ("G2A") on 9 Nov 2018. ...

Jane Lambert Patents Court (Mr Justice Msrcus Smith)  Neurim Pharmaceuticals (1991) Ltd and another v Generics UK Ltd (t/a Mylan) and anothe r [2020] EWHC 1362 (Pat) (3 June 2020) This was an application by Neurim Pharmaceuticals (1991) Ltd. ("Neurim"), the registered proprietor of European patent (UK) number 1441702  and Flynn Pharma Ltd. ("Flynn") the proprietor's exclusive licensee for an interim injunction to restrain until trial or further order the generics manufacturer, Mylan, from taking steps that might infringe that patent.  The application was heard online by Mr Justice Marcus Smith on 20 May 2020. He handed down his judgment on 3 June 2020. The Dispute The claimants manufactured and distributed a product called "Circadin" which is protected by the patent. Mylan has obtained marketing authorization for a generic version of Circadin and cleared one of the obstacles to the launch of its product by obtaining the revocation ...

Jane Lambert Chancery Division (Mr Justice Marcus Smith)  Asia Standard Management Services Ltd v Standard International Management LLC [2020] EWHC 28 (Ch) (25 Feb 2020) This was an appeal from the decision of Mr George Salthouse dated 6 March 2019 in Re ASIA STANDARD, Asia Standard Management Services Ltd v Standard International Management LLC  BL O/125/19, 6 March 2019 allowing an opposition against the application by Asia Standard Management Services Limited ("Asia") for the registration of the above marks  for all the goods and services applied for except letterheads, forms, printed, notebooks and business cards in class 16 and the organization of sports competitions in class 41 Asia appealed on the following grounds: "(1) Appeal Ground 1 The Hearing Officer erred in principle by failing to consider whether there was a likelihood of confusion in respect of each sufficiently homogeneous category or group of goods or services in issue. (2) Appea...