NIPC Law

Author   Dfrg.msc   Public Domain Source  Wikimedia Commons   Jane Lambert Court of Appeal (Lords Justices Arnold and Nugee and Sir Christopher Floyd) Teva UK Ltd and another v Novartis AG    [2022] EWCA Civ 1617 (8 Dec 2022) This was an appeal against Mrs Justice Bacon's refusal to grant an Arrow declaration in  Teva UK Ltd and another v Novartis AG [2022] EWHC 2779 (Ch) (19 Oct 2022). Lord Justice Arnold defined an Arrow declaration as "a declaration that a product, process or use was lacking in novelty or obvious as at the priority date of a patent application" at para [17] of his judgment in  Teva UK Ltd and another v Novartis AG [2022] EWCA Civ 1617.  He explained that Arrow declarations take their name from the seminal decision of Kitchin J (as he then was) in Arrow Generics Ltd v Merck & Co Inc [2007] EWHC 1900 (Pat), [2008] Bus LR 487.  He continued:   "The point of such declaration is that it is in eff...

Author Amir.ahrls   Licence CCO 1.0   Source Wikimedia Commons Jane Lambert Patents Court (Mr Justice Roth) Novartis AF and another v Reva UK Ltd and others   [2022] WLR(D) 306, [2022] EWHC 959 (Ch) Can an applicant for a patent or other intellectual property right seek an interim injunction to restrain an act that would infringe such right in the interval between the removal of the last objection to the granting of the right and the date of grant?  The right to damages for infringing acts is backdated to the publication of the application by s.69 (1) of the Patents Act 1977 but s.69 (2) (a) entitles an applicant to bring proceedings by virtue of this section in respect of any act only after the patent has been granted.  S.9 (3) (a) of the Trade Marks Act 1949  provides that no infringement proceedings may be begun before the date on which the trade mark is in fact registered.  S.7A (6) of the Registered Designs Act 1949 makes clear that no proce...