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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]
19 Oct 2015, 11:00 pm
In NuVasive, Inc. v. [read post]
10 Jul 2015, 4:06 pm
The Court of Appeal decision in Google Inc v Vidal-Hall [2015] EWCA Civ 311(27 March 2015) (Dyson MR and Sharp LJ in a joint judgment; McFarlane LJ concurring), affirming the judgment of Tugendhat J (at[2014] EWHC 13 (QB) (16 January 2014)), is a very important decision on damages for invasion of privacy, and it raises significant questions about the correctness of Feeney J’s reasoning in the earlier Irish case of Collins v FBD Insurance plc [2013] IEHC 137 (14 March… [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]
28 Jun 2015, 5:34 am
”Kitchin LJ firstly dismissed the argument that the limits should be taken as exact values. [read post]
26 Jun 2015, 12:30 am
Actually, Mr Justice Arnold had himself moved away from the idea already - he distinguished his decision in the later case of Idenix Pharmaceutical, Inc v Gilead Sciences, Inc (reported by IPKat here) in which he declined to construe a claim narrowly on the basis of the prosecution history.This did not however have any effect on the outcome - Floyd LJ otherwise endorsed Arnold J's application of the Protocol questions to likewise find that there was no direct… [read post]
25 Jun 2015, 6:12 am
In "The wounded patent survived, was only just infringed, but no injunction", here, fellow Kat Darren wrote about the decision of Birss J in Smith & Nephew Plc v ConvaTec Technologies Inc [2013] EWHC 3955 (Pat), a technically detailed case which amused Merpel, who commented that a case that started off being basically about chemistry ended up being basically about mathematics. [read post]
13 May 2015, 11:21 am
The defence, quoting Kitchen LJ in Hollister Inc v Medik Ostomy Supplies Ltd, argued that this would not be proportionate, and that since an account of profits was an equitable relief, the court had discretion as to whether to apply it or not. [read post]
13 May 2015, 5:44 am
The defence, quoting Kitchen LJ in Hollister Inc v Medik Ostomy Supplies Ltd, argued that this would not be proportionate, and that since an account of profits was an equitable relief, the court had discretion as to whether to apply it or not. [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]
31 Mar 2015, 1:53 am
In Vidal-Hall v, Google Inc ([2015] EWCA Civ 311) the Court of Appeal dismissed Google’s appeal from the decision of Tugendhat J in which he declined to declare that the English court did not have jurisdiction to hear data protection and misuse of private information claims brought against it. [read post]
30 Mar 2015, 2:46 am
On Friday, Floyd LJ gave the leading judgment (with which Patten and Tomlinson LJJ agreed) in JW Spear & Sons Ltd & Others v Zynga Inc [2015] EWCA Civ 290. [read post]
16 Mar 2015, 3:06 am
On 9 March 2015, Sharp LJ refused permission to appeal in the case of Contostavlos v News Group Newspapers. [read post]
8 Mar 2015, 5:09 pm
Canada In the case of Focus Graphite Inc. v. [read post]
24 Feb 2015, 3:06 pm
For these cases Arnold J refers principally to Kitchin LJ’s decision in Interflora, that the burden of proof is on the trade mark owner thereby overturning Arnold J at first instance. [read post]
18 Feb 2015, 4:27 pm
Underhill LJ (with whom Richards LJ agreed) agreed with Kitchin LJ; however he said that it was a borderline case and that the finding that ‘some members of the relevant public’ would find that Rihanna had endorsed the t-shirt was essentially based on her past association with Topshop and the features of the Image itself. [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]
14 Jan 2015, 10:05 am
These questions, among others, find a response in yesterday's judgment of High Court for England and Wales, Chancery Division, ruling of Mr Justice Arnold in Enterprise Holdings Inc v Europcar Group UK and Another[2015] EWHC 17 (Ch).BackgroundEnterprise and Europcar are two heavyweights of the car rental market. [read post]
28 Nov 2014, 3:17 am
” (Les Laboratoires Servier v Apotex Inc [2012] EWCA Civ 593, at paragraph 73) Servier accordingly brought a further appeal to the Supreme Court, which was heard on 10 June 2014, with judgment being handed down on 29 October 2014. [read post]
5 Nov 2014, 4:36 am
The judgment of the court was delivered by Kitchin LJ. [read post]
