International Patent Litigation - Nicoventures Trading Ltd v Philip Morris
Basher Eyre / Junction of Fetter Lane and Rolls Buildings Jane Lambert Patents Court (Mr Justice Birss) Nicoventures Trading Ltd v Philip Morris Products, SA ( [2020] EWHC 1594 (Pat) (16 June 2020) This was an application by Philip Morris Products SA ("Philip Morris") to expedite the trial of an action that it had brought against British American Tobacco ("BAT") for the invalidation of European patents (UK) 3 398 460 and 3 491 944 for heated tobacco products which had been invented by John Howard Robinson and others ("the Robinson patents"). BAT resisted the application on the ground that the case for expedition had not been made out. However, there was also a contingent cross-application by BAT for expedition of the trial of an action that it had brought against Philip Morris for the invalidation of the Robinson patents and a counterclaim for the infringement of European patents (UK) 3 248 484, 3 248 486, and 3 248 483 for heated ...