|Forget 99 flakes, the AmeriKat is more of|
a snow cone kind of gal
Spotted. Lincoln's Inn. IP judge with entourage surrounding ice cream vans parked around quad. Initial assessment: a new turn for the court with friendly judges adjourning proceedings for mid-morning, albeit unseasonal, treats? Revised assessment: more plausible that ice cream vans are rather too large to be exhibited in court. Intel is that the court is part way through hearing a design infringement case between two ice cream van manufacturers. Whitby Specialist Vehicles v Yorkshire Specialist Vehicles. Expected outcome: a judgment which is a bit like a good ice cream - sprinkled with goodies, but with no flakes given that Mr Justice Arnold presiding. ["Though your ice cream will have probably melted by the time you get to the end of the judgment," chortles Merpel, but the AmeriKat thinks that if that is so, you just aren't eating fast enough.]
|Lord Justice Floyd - not impressed|
with pleading points on appeal
The AmeriKat is in the process of assimilating the decision but notes there was a lot of discussion regarding the parameters of claim construction (which she will reserve for another day). Besides construction the case deals with some practice points on the level of details that is required in statements of case on infringement and general pleading issues. As is common in English patent litigation, BT produced a Product and Process Description (PPD) describing its system and ASSIA produced a statement of case on infringement (SOCOI). The order concerning the SOCOI specified that it should set out the paragraphs of the PPD that ASSIA relied upon to prove infringement for each claim it asserted was infringed. ASSIA went further in its pleading, explaining how those paragraphs demonstrated infringement of one of the patents, but in doing so did not explicitly refer to an aspect of BT's NGA system subsequently held to be essential to BT's infringement at trial (the "cap level table"). On appeal, BT argued that this meant that the case on which ASSIA had been successful was unpleaded and should therefore be dismissed. Lord Justice Floyd rejected this argument. In construing the order requiring service of the SOCOI, he agreed with ASSIA’s submission that the infringement case based on the cap level table was covered by the existing pleading as the order only required it to refer to the paragraphs numbers in BT's PPD. BT raised this as a pleading point but, again, the court said that that point should had been made at the latest at the hearing of the order following trial, not on appeal. The AmeriKat thanks solicitors for the victors - David Barron, Alexandra Brodie, Andrew Maggs and Tom Foster of Wragge Lawrence Graham - for bringing this decision to her attention. The AmeriKat has no news on whether BT will attempt an appeal to the Supreme Court.
commenced proceedings against several pharmaceutical companies, including Janssen, Purdue Pharma LP, Teva and Actavis alleging that they dishonestly marketed opioid painkillers including Oxycontin and Percocet for the treatment of common and non-cancer related chronic pain resulting in a reported public health crisis of addiction and abuse. The complaint alleged that the defendants' marketing breached state law and city ordinances. The defendants dispute the claims. At the end of October, Teva and Janssen filed requests with a Chicago federal court requesting that the court orders that trade secrets concerning their products be protected. Teva's subsidiary Celaphon had provided documents at the request of the city of Chicago on the basis that their trade secrets would be protected but that "since that time, in a series of written and verbal communications, the city took the position that it would disclose Cephalon's confidential documents to the press." Click here to review Celaphon's request. For more information about this and related lawsuits see this article in the National Law Journal and this article in Bloomberg.
|And one more for the road|
SPC Law and Practice Seminar 2014 Presentations Now Up! For those of you who, like the AmeriKat, absolutely "geek out" about everything SPC-related, you will be sure to enjoy the recently uploaded presentations from last week's SPC Blog SPC seminar. You can find the presentations at this link.
IP student looking for some IP experience Coming highly recommended by Kat Eleonora, one of her IP law students at the University of Southampton, Alexander Pirnak, would like to get some exposure to IP work. This may be through a placement, internship, or anything that could give him an idea of how fun and exciting IP is, and what a career in IP might be like. Alexander is a Russian native speaker, and grew up in Dubai. For all inquiries email email@example.com or directly Alexander (firstname.lastname@example.org ).