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17 Jan 2019, 11:09 pm
Aldous LJ also got a shout out - he was very influential regarding his understanding patent law - "it’s not as simple as it appears at first sight".What’s the most difficult case you had to decide? [read post]
21 Oct 2016, 12:17 am
Judge Vadja highlighted that it is a good thing for any judicial system to represent people from different backgrounds and with different perspectives.Carr noted that many of the best trade mark judgments come from non specialists such as Neuberger LJ. [read post]
28 Mar 2015, 4:13 am
I am satisfied that a ruling on this question is necessary for this court to give judgment" (Kitchin LJ). [read post]
31 May 2019, 3:15 am
”Officious bystander says "No"Jacob LJ, on appeal, in the Griggs case, considered an alternative to the assignment, namely a limited licence. [read post]
25 Nov 2012, 1:10 pm
Kitchin LJ says at paragraph 47 that "it is wrong to characterize the failure to give notice simply as a procedural deficiency" and that the CJEU has explained that repackaging is, in itself, prejudicial to the subject mater of the mark. [read post]
8 Feb 2017, 8:22 am
Twentieth Century Fox Film Corporation, Kitchin LJ stated [at 66]: “An application for the registration of a series of trade marks is an application to register a bundle of trade marks under a single reference number. [read post]
19 Nov 2013, 9:48 am
Here, last week, Lords Justices Patten and Pitchford LJ, together with Sir John Mummery, had no difficulty in upholding the ruling of Mr Justice Arnold, almost exactly one year earlier, that Starbucks' figurativeCommunity trade mark for the word NOW (illustrated, right) was invalid and that Sky's use of its trade mark (below, left) would not only have not infringed it if it had been valid but would not in any case have constituted an act of passing off. [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]
9 Jan 2015, 4:35 pm
After contact with the pick-up truck, AS's Jeep was apparently propelled into the southbound lanes of I-87, where it was struck by a vehicle owned by defendant Y and operated by defendant LJ. [read post]
29 Nov 2012, 8:37 am
McCombe LJ, delivering the decision of the Court, rejected both these contentions. [read post]
25 Jun 2015, 6:12 am
Allowing Smith & Nephew's appeal and dismissing ConvaTec's cross-appeal, the Court of Appeal (for whom Kitchin LJ delivered the judgment) held as follows:* The approach to be adopted when interpreting claims that contained a range of numbers was the same as that to be adopted in relation to any other patent claim: the court had to be objective, asking what a skilled person would have understood the patentee to mean. [read post]
26 Feb 2018, 6:02 am
This was lamented by Jacobs LJ in L’Oreal SA v Bellure NV [2010] EWCA Civ 535 at [49] as making the “unfair” qualifier meaningless whilst serving to curtail legitimate competition. [read post]
21 Jan 2015, 1:35 pm
Thus, as Jacob LJ explained in Actavis v Merck at [75], such a claim "is not aimed at and does not touch the doctor - it is directed at the manufacturer. [read post]
16 Jun 2014, 7:13 am
He referred in particular to comments by Laddie J in Mercury Communications Ltd v Mercury Interactive (UK) Ltd [1995] FSR 850, at 863-865; by Jacob J in Laboratoire De La Mer Trade Marks [2002] FSR 51, at [19]; and by Aldous LJ in Thomson Holidays v Norwegian Cruise Line [2002] EWCA Civ 1828; [2003] RPC 32, at [29]. [read post]
16 Aug 2019, 6:31 am
This has been similarly reflected in Sawkins v Hyperion [2005] EWCA Civ 565, where it was set out by Mummery LJ that: a work need only be ‘original’ in the limited sense that the author originated it by his efforts rather than slavishly copying it from the work produced by the efforts of another person.It had been identified that the main creators of the Works had drawn inspiration from art deco, and whilst the elements - when considered individually - were generic, the… [read post]
25 Apr 2017, 6:00 am
As it turned out, it was 99% about plausibility and only 1% about Second Medical Use.After an introduction by Brian Cordery (Bristows), who highlighted the importance that the plausibility check has gained in patent validity matters in the UK, Floyd LJ explained the complete history of plausibility in less than 5 minutes and with 5 decision. [read post]
6 Feb 2019, 4:27 am
This was addressed by assuming that this is what the witness meant.The arguments regarding novelty centred upon the extent to which the judgement of Floyd LJ in Adaptive Spectrum and Signal Alignment Inc v British Telecommunications plc [2014] EWCA Civ 1462 should apply to earlier patent applications. [read post]
21 Jun 2013, 7:45 am
As Lloyd LJ said:I am conscious of the constraints on an appellate court which is invited to depart from a conclusion of the judge below which is one of fact, or is based on findings of fact, even though (as here) not findings of primary fact based on an assessment of the credibility of witnesses. [read post]
23 Feb 2023, 1:28 am
Lewison LJ commented that " [a]lthough these are well-trodden paths for experienced patent litigators, in fact Vodafone did none of these things. [read post]
15 May 2017, 1:06 am
As Kitchin LJ said in Maier v ASOS [2015]EWCA Civ 220, the key question is "whether the use that Asos has made of the sign ASOS has been in accordance with honest practices in industrial or commercial matters. [read post]
