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25 Jan 2021, 10:31 am
., Inc. v Cohen, 908 F.2d 555, 556 (9th Cir. 1990), cert.denied, 498 U.S. 1103 (1991). [read post]
29 Jun 2018, 3:08 am
To recap, what are now known as Arrow declarations originate from the decision in Arrow Generics Ltd & Anor v Merck & Co, Inc [2007] EWHC 1900 (Pat), in which the High Court held that it had the discretion to grant a declaration that a medicinal product was obvious at the priority date. [read post]
9 Feb 2010, 11:58 pm
In August 2008 Mr Justice Kitchin delivered a mega-judgment in Eli Lilly & Co v Human Genome Sciences Inc, [2008] EWHC 1903 (Pat) on patent validity (noted by the IPKat here). [read post]
14 Mar 2016, 9:46 am
The Court of Appeal drew assistance from the Australian case of Dart Industries Inc v Decor Corp Pty Ltd [1994] FSR 567 which involved an account of profits. [read post]
1 May 2016, 12:08 am
In that case, Lewison LJ agreed with Kitchin LJ’s reliance on an Australian case, Dart Industries Inc v Décor Corp Pty Limited [1994] FSR 567, in which the court had held that “… where a defendant has foregone the opportunity to manufacture and sell alternative products it will ordinarily be appropriate to attribute to the infringing product a proportion of the general overheads which would have sustained the opportunity. [read post]
1 May 2018, 1:02 pm
As Floyd LJ determines in this judgement, “procedural rules such as this are the servants of justice and not the other way round. [read post]
2 Jul 2017, 4:03 pm
On the same day Macfarlane LJ refused permission to appeal in the long running application in the case of Lokhova v Tymula. [read post]
7 Mar 2012, 4:47 pm
A quick search reveals that this phrase had been previously used by Sir Robin in Leo Pharma A/S v Sandoz Ltd, [2009] EWCA Civ 1188 and before that in Bristol Myers Squibb Co v Baker Norton Pharmaceuticals Inc, [1999] RPC 253. [read post]
20 Jan 2012, 4:54 pm
However, as the Kitchin LJ emphasized, despite the similarity in composition, calcium alginate and sodium-calcium alginate are not gelling agents. [read post]
13 May 2015, 4:37 am
And Dillon LJ in Anheuser-Busch at pp 475-476 cited Spalding, Star Industrialand Inland Revenue Commissioners v Mullerto make the same point. [read post]
24 Mar 2014, 9:23 am
Mummery LJ held "Original expression includes not only the language in which the work is composed but also the original selection, arrangement and compilation of the raw research material. [read post]
31 Dec 2013, 8:20 am
It is noteworthy that the leading judgment is delivered by none other than the Chancellor of the High Court, Sir Terence Etherton (Jackson LJ and Kitchin LJ concurring). [read post]
26 Nov 2013, 1:29 am
On that hypothesis, it would have been difficult to defend the guidance given by the Court of Appeal in Glaxo Group Ltd v Genentech Inc [2008] Bus LR 888 to the effect that the English court should normally refuse a stay of its own proceedings if it would be likely to resolve the question of validity significantly earlier. [read post]
25 Oct 2016, 1:22 am
JudgmentSales LJ was unsympathetic to Roche's position. [read post]
8 Jul 2015, 8:09 am
Yet Kitchin LJ took the opposite view - "Once again this is a factor which undermines Smith & Nephew's favoured interpretation of the claim. [read post]
29 Nov 2016, 2:44 am
In Interflora Inc v Marks and Spencer Plc [2012] EWCA Civ 1501 Lewison LJ referred to Neutrogena [1996] R.P.C. 473 that:"...There is passing off even if most of the people are not fooled most of the time but enough are for enough of the time. [read post]
25 Jun 2018, 12:05 pm
Since the Mascaros failed to prove that their use of the Property for topsoil manufacturing and screening was legally established under either Riverton City or Salt Lake County jurisdiction, the court found the Appeal Authority properly upheld the Commission’s denial of the request for nonconforming use status LJ Mascaro Inc. v Herriman City, 2018 UT 12766 (6/21/2018) [read post]
26 Nov 2015, 8:12 am
It is clear from the judgment of Kitchin LJ... that H&M is precluded from raising, in its defence, a squeeze between non-infringement and invalidity". [read post]
14 Nov 2016, 3:36 pm
In these circumstances and absent an error of principle, an appellate court will be very cautious in differing from the judge's evaluation: see SmithKline Beecham's Patent [2006] RPC 323 at [38] per Lord Hoffmann; Halliburton Energy Services Inc v Smith International (North Sea) Ltd and anor [2006] EWCA Civ 1715 at [24] to [25] per Jacob LJ" 3. [read post]
6 Feb 2015, 7:57 am
Having rejected Figure 2, Birss J should not have found the claims obvious, Genentech alleged.Not so, said Floyd LJ. [read post]
