Summary judgment decisions are unusual in patent cases in the UK. The court will generally only be prepared to determine a claim for patent infringement in very clear cases which do not require oral evidence to be heard. In order to succeed on an application for summary judgment, the applicant must demonstrate that the respondent…

Certain patent attorneys (patent attorney litigators) have the right to conduct intellectual property litigation in England and Wales, being “any matter relating to the protection of any invention, design, technical information, or trade mark, or similar rights, or as to any matter involving passing off or any matter ancillary thereto” (from the Higher Court Regulations…

The UK has long been considered a favourable jurisdiction for pharmaceutical patent holders to seek an interim or preliminary injunction. In particular, from 2001 the English Courts have imposed an obligation for generics companies to “clear the way” (i.e. obtain a declaration of non-infringement or start invalidity proceedings in respect of any relevant patents they…

The Court of Appeal allowed Grimme’s appeal, holding that Grimme’s patent for an agricultural machine for harvesting and separating potatoes (from other materials such as earth, clods, stones, weeds or the like) featuring rubber rollers, was inventive. Of particular interest was the Court of Appeal’s clarification of the law of contributory infringement (s.60(2) Patents Act…