Reports of Patent, Design and Trade Mark Cases - recent issues

Autonomy Corporation Ltd's Patent Application

Patents Court — 2008-04-25

Patent—Application—Patentability—Computer program—Presentation of informa- tion—Automatic text analysis in an active window and generation of a list of links related to content and provision of an icon representing a category of such links which, on activation, displayed summary of link's contents—Application refused—Appeal to Patents Court—Guidance in assessing whether claim is to computer program as such—Appeal dismissed

Cinpres Gas Injection Ltd v Melea Ltd

Court of Appeal — 2008-04-25

Patent—Entitlement—Perjured evidence given in earlier entitlement proceedings—Finding of res judicata—Appeal to Court of Appeal—Whether agreement conferred title on appellant as "successor in title" to inventor—Whether cause of action estoppel or issue estoppel—Whether Bill of Review procedure still exists—"Fraud of party" rule—Whether perjurer a "mere witness"—Whether his perjury should be regarded as that of party to earlier litigation—Whether continuing false representation—Whether continuing false representation by party to litigation

M-Systems Flash Disk Pioneers Ltd v Trek 2000 International Ltd

Patents Court — 2008-04-25

Patent—Revocation—Proceedings before Comptroller—Novelty—Inventive step—Insufficiency—Matter in patent extending beyond that in application—Amendment—Revocation ordered—Appeal to Patents Court—Construction of claims—Whether amendments added matter—Claim construction in appellant's favour in foreign jurisdiction—Whether issue estoppel—Whether issue raised timeously—Whether identity of issues in foreign and current proceedings—Whether error in exercise of discretion to refuse amendments

Societa Esplosivi Industriali SpA v Ordnance Technologies (UK) Ltd

High Court of Justice (Chancery Division) — 2008-03-19

Design right—Infringement—Multiple Warhead Systems—Joint venture between claimant and first defendant—First trial in 2004 finding breach of contract by first defendant—Design right issues adjourned—Use of joint venture design as starting point in later projects by first defendant—Further breaches of contract—Reproducing by means of design documents—Whether "for the purpose of enabling articles to be made" a subjective test—Third defendant sole director and shareholder of first defendant—Director's liability—Whether joint tortfeasor

RxWorks Ltd v Dr Paul Hunter

High Court of Justice (Chancery Division) — 2008-03-19

Trade mark—Threats—Whether justified—Counterclaim for infringement—Application by claimant for summary judgment on issue of infringement—"VET.LOCAL" registered for software—Use of term "vet.local" as folder or directory name or as a domain name in claimant's software—Whether use in the course of trade—Whether necessary for mark to be visible at point of sale—Meaning of "use in relation to"—"Trade mark use"—Whether use affected the function of the trade mark—Perspicacity of average consumer—Proper approach to an application for summary judgment

Astron Clinica Ltd v Comptroller-General of Patents, Designs and Trade Marks

Patents Court — 2008-03-19

Patent—Application—Patentability—Computer programs—Claims to programs on suitable storage media—Claims refused by UKIPO—Appeal to Patents Court—Whether claims to computer programs necessarily excluded from patentability—Whether where method and apparatus claims allowable, a claim to the computer program was also allowable

Ukipo - Practice Note

2008-03-19

Tribunal Practice Notice (TPN 4/2007)

2008-02-29

This Tribunal Practice Notice updates and supplements Tribunal Practice Notice TPN 2/2000 concerning the award of costs in patent, trade mark and design proceedings before the Comptroller.

Tribunal Practice Notice (TPN 6/2007)

2008-02-29

L'oreal Sa V Bellure Nv

Court of Appeal — 2008-02-29

Trade mark—Infringement—Perfumes—Device marks of containers and packaging—Replica "Smell-alike" perfumes—Some packaging held to infringe—Use of ‘comparison sheets’ listing claimants’ marks and defendants’ equivalent held to infringe—Claim in passing off dismissed—Appeal to Court of Appeal—Whether use in comparison sheets an infringement—Questions referred to European Court of Justice—Meaning of "an unfair advantage" of the reputation of a mark—Questions referred to European Court of Justice—Meaning of presenting goods as replicas—Questions referred to European Court of Justice—Similarity—Effect of limitations and disclaimers—Passing off—Whether smell of perfume part of goodwill—Instruments of deception—Whether tort of unfair competition exists

Vector Corporation v Glatt Air Techniques Ltd

Court of Appeal — 2008-02-29

Patent—Invalidity—Amendment—Patent held valid and amendments allowable—Appeal to Court of Appeal—Appeal restricted to allowability of claims—Added matter—Intermediate generalisation—Whether post-appeal amendment allowable

Dlp Ltd's Patent

Patents Court — 2008-02-29

Patent—Infringement—Comptroller's Opinion patent not infringed—Appeal to Patents Court—Whether Patents Court should entertain appeal—Proper approach to appeal—Whether Comptroller should appear on appeal