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Showing posts with the label revocation

Patents - Well Lead Medical Co Ltd v CJ Medical Ltd

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  Kidney Stone Author  Robert R Wal  Licence  Public Domain       Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon) Well Lead Medical Co Ltd v CJ Medical Ltd [2025] EWHC 492 (IPEC) (7 March 2025) This was an action by Well Lead Medical Co Ltd. ("Well Lead") against CJ Medical Ltd ("CJ Medical") for the infringement of EP (UK) 3 760 143 B1 and a counterclaim by CJ Medical for the revocation of that patent under s.72 (1) (a) and (d) of the Patents Act 1977. The action and counterclaim were trued by His Honour Judge Hacon on 3 and 4 Feb 2025.  His Honour handed down judgment on 7 March 2025 (see Well Lead Medical Co Ltd v CJ Medical Ltd [2025] EWHC 492 (IPEC) (7 March 2025)).  By para [150] of his judgment, the learned judge held that claim 3 was valid and infringed but claim 1 was invalid for obviousness. Interim Injunctive Proceedings I have previously discussed Charlotte May KC's judgment in Well Lead Medical Co Lt...

Patents - Ensygnia IP Ltd v Shell UK Oil Products Ltd

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Shell Petrol Station Author Ianmcm   Public Domain Courtesy of the author   Soutce Wikimedia Commons Jane Lambert Court of Appeal (Lords Justices Phillips and Birss and Lady Justice Whipple)  Ensygnia IP Ltd v Shell UK Oil Products Ltd and others [2024] EWCA Civ 1490 (5 Dec 2024) This was an appeal against the judgment of Miss Charlotte May KC sitting as a deputy judge of the High Court in  Ensygnia IP Ltd v Shell Oil Products Ltd and others [2023] EWHC 1495 (Pat) of 26 June 2023.  That had been a claim by Ensygnia IP Ltd. ("Ensygnia") against Shell Oil Products Ltd, Shell International Petroleum Ltd. and Shell Information Technology BV ("Shell") for the alleged infringement of UK patent  GB 2,489,332 C2  and a counterclaim by Shell for revocation of the patent.  In para [300] of her judgment, Miss May held that the patent was invalid for added matter, extension of scope, and obviousness.  However, she also stated that the patent woul...

Trade Marks and Passing off - easyGroup Ltd v Easyfundraising Ltd.

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succ   Jane Lambert Chancery Division (Mr Justic Fancourt)  easyGroup Ltd v Easyfundraising Ltd and others [2024] EWHC 2323 (Ch) (11 Sept 2024) This was a number of claims and counterclaims between the claimant,  easyGroup Ltd   ("easyGroup"), and the defendants, Easyfundraising Ltd , ("EFL"), The Support Group (UK) Ltd., Ian Woodroffe ("Mr Woodroffe") and Palatine Private Equity Ltd ("Palatine"). The claims were for trade mark infringement and passing off. The counterclaims were for revocation and invalidity of easyGroup's marks. The Parties easyGroup administers or licenses the use of trade marks consisting of the adjective word "easy" which is usually in lowercase letters followed by the description of a business activity beginning with a capital letter as in easyJet, easy easyHotel or easyRentacar.  easyGroup owns and manages a large number of those marks which are used by its associate companies. EFL describes itself as "...