The Court held that it had no jurisdiction to grant fortification of a cross-undertaking for damages where the injunction had been discharged. Further, the Court held that even if it had jurisdiction to do so, the evidence as to Napp’s financial position did not justify fortification of the cross-undertaking. Case date: 15 April 2019 Case number:…

The Supreme Court held that the Court of Appeal was entitled to treat the judge’s failure to appreciate the logical consequence of a particular finding as an error of principle which allowed an appellate court to carry out its own evaluation. Therefore the Court of Appeal was entitled to interfere with the trial judge’s assessment…

The Court of Appeal upheld the first instance decision that the patent in suit lacked novelty and inventive step over the prior art. The Court confirmed, following Halliburton v Smith, that despite the fact the parties had reached a confidential settlement and Sony was not involved in the appeal, it was necessary to hear the…

The Court of Appeal upheld a decision of the Intellectual Property Enterprise Court that the patent in suit was novel and inventive over the prior art. In construing the numerical ranges of the patent, the Court of Appeal pointed out that the purpose of a comparative example is that identifies something outside the claimed invention…

Applying the so-called ‘Actavis Questions’ (further to the Supreme Court decision in Actavis v Eli Lilly), the Court of Appeal reached a different conclusion from the Patents Court on the issue of infringement. However, as the Court of Appeal upheld the first instance Court’s decision that the patent was invalid, this ultimately did not change…