A Span Of Patent Cases

1 Split 'em too streamline 'em

The UK has non been renowned for the speed or economic scheme alongside which it decides its patent disputes. This is a shame, because since Nov 2003 the Patents Court has had a special streamlined physical care for for fast-tracking patent litigation. In Canady five Erbe Elektromedizin GmbH too others (decided yesterday yesteryear Mr Justice Pumfrey too speedily picked upward yesteryear the Butterworth All England Direct subscription service) this physical care for was utilised (for the streamlined procedure, click here and scroll downward to item 10).

Speedy Gonzales (right) endorses the Patents Court's fast-track procedure

Canday owned a patent for a surgical tissue coagulator, consisting of a subway that was used for the transmission of argon or some other noble gas. The claim specified that the device had a grip for the role of manipulation. Canady sued Erbe, a High German companionship that made medical equipment, every bit good every bit diverse other defendants, 2 of whom argued that in that place had been no infringement since the allegedly infringing products did non accept whatsoever handles. Those defendants applied for a split upward lawsuit too an society that the termination of infringement move heard nether the streamlined procedure, leaving the dispute relating to the validity of the patent to move determined at a afterwards trial. Pumfrey granted the order: since the termination of infringement was, essentially, a affair of structure of the patent too mightiness move dealt alongside rapidly according to the streamlined procedure. If the patent was non infringed, in that place was no postulate to pass fourth dimension too endeavour trying to invalidate it.

likes this. Splitting of infringement too validity issues industrial plant especially good inwards low-technology areas where the claims are relatively slowly to construe.

2 Scotland on steroids? No, it's England ane time to a greater extent than ...

People sometimes forget that, patch the United Kingdom of Great Britain too Northern Ireland of Britain too Northern Republic of Ireland has a unified patent system, it does non accept a unmarried legal system, every bit whatsoever canny Scotsman volition rapidly remind you. In Ivax Pharmaceuticals UK Ltd five Akzo Nobel NV (also decided yesterday inwards the Patents Court too spotted yesteryear All England Direct, only this fourth dimension heard yesteryear Mr Justice Lewison) Ivax sought a proclamation that proceedings to revoke ane of Akzo's steroid patents should move heard inwards Scotland rather than inwards England, on the reason that it was the most appropriate forum.

Lewison J dismissed the application too held that, balancing the competing factors, England was the most appropriate forum. Ivax was registered inwards England too conducted its trouble organization there, patch Akzo was a Netherlands company. Although proceedings which had been commenced inwards Scotland yesteryear Ivax's sis companionship too involved Akzo's patent, they related to unlike aspects of the steroid’s industry too in that place was no pregnant overlap inwards the champaign of written report affair at the centre of the disputes. Nor was in that place whatsoever opportunity that the courts would accomplish inconsistent findings of fact.

, patch noting the decision, reminds readers that in that place is a fully-fledged too highly competent legal profession due north of the border (click here to search for Scottish IP decisions).