The past decade has witnessed a sharp increase in litigation over standard essential patents (SEPs) around the world. National courts in several countries including UK have ruled they can set global FRAND rates, the Unwired Planet case in UK being a notable example. This approach is controversial and has sparked debates over the ability of…

If everything goes according to the most recent plan, the Unified Patent Court will finally open its doors on 1 June 2023, with the sunrise period starting the first of March. The UK, initially one of the driving forces behind the Unitary Patent system, will not join the opening party, as it withdrew its membership…

Geofabrics Limited v Fiberweb Geosynthetics Limited [2022] EWHC 2363 (Pat) Geofabrics Limited (“Geofabrics”) has been awarded £13.4 million in damages for patent infringement, concluding a 5 year long dispute with Fiberweb Geosynthetics Limited (“Fiberweb”).  Damages inquiries are rare in the UK so this judgment from Charlotte May KC (sitting as a Deputy High Court Judge),…

On 24 August 2022, Nicholas Caddick QC (sitting as a Deputy High Court Judge in the Intellectual Property Enterprise Court) handed down his decision in Vernacare Limited v Moulded Fibre Products Limited [2022] EWHC 2197 (IPEC), a case on open topped washbowls made from moulded paper pulp, such as those used in hospitals, care homes…

Recently, the decisions of courts in the United Kingdom (UK) in Unwired Planet v Huawei Technologies (Unwired Planet) and Optis Cellular Technology v Apple (which followed the decision of the UK Supreme Court in Unwired Planet) have given rise to significant debate over the appropriate forum for litigation of disputes in relation to standard essential…

On 4 August 2022, the English Patents court handed down its decision in Shenzhen Carku Technology Co., Ltd v The NOCO Company, a case on battery-powered car jump starters. The decision of Mr Justice Meade is of particular interest as it addresses experts and hindsight, the third limb of the Actavis questions on the doctrine…

Introduction In a ruling by Hacon HHJ on 4 July 2022, [here] the English Patents Court has invalidated three patents belonging to J. C. Bamford (JCB) while finding a fourth valid and infringed by Manitou UK Ltd and its parent company Manitou BF (Manitou).  The judgment followed a six-day trial in November last year. Parallel…

Michael Tappin QC (sitting as a deputy judge of the High Court) It is common in English patent litigation for patentees to make an application to amend a patent post grant and in the course of litigation pursuant to section 75 of the Patents Act 1977 – for example in order to delete invalid claims…

Meade J reaffirms the UK Courts’ approach to disclosure of confidential information How far should the Court go to protect a party’s confidential information during disclosure? In a recent decision ([2022] EWHC 490 (Pat)) in two related patent infringement actions between Siemens Gamesa Renewable Energy (“SGRE”) and General Electric (“GE”), Meade J confirmed that there…

On 15 to 17 December 2021 a three-day trial took place to determine preliminary issues in a second action brought by Neurim against Mylan in relation to patents protecting the product Circadin (“Neurim v Mylan 2021”).  Meade J’s judgment (Neurim Pharmaceutical (1991) Limited and Anor v Generics (UK) Limited t/a Viatris and Anor [2022] EWHC…