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Showing posts with the label scope of protection

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...

Designs - Shnuggle Ltd v Munchkin, Inc

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Jane Lambert Intellectual Property Enterprise Court (HH Melissa Clarke)  Shnuggle Ltd v Munchkin, Inc and another [2019] EWHC 3149 (IPEC) (20 Nov 2019) This was an action for the infringement of registered Community designs  and unregistered design right  and a counterclaim for a declaration of invalidity of one of those RCDs.  The action and counterclaim were tried by Her Honour Judge Melissa Clarke on 23 and 24 Sept 2019. She delivered her judgment on 20 Nov 2019 the transcript of which is at  Shnuggle Ltd v Munchkin, Inc. and another [2019] EWHC 3149 (IPEC) (20 Nov2019) The Parties The claimant is a Northern Irish company called Shnuggle Ltd.  ("Shnuggle") which designs, makes and markets baby products. The first defendant, Munchkin Inc.  ("Munchkin") is a much bigger American company in the same industry. The second defendant, Lindam Ltd. , ("Lindam") distributes Munchkin's products in the UK. The Registered Designs Shnuggle...