NIPC Law

  Jane Lambert Court of Appeal (Lady Justice Nicola Davies and Lords Justices Birss and Arnold)  Comptroller General of Patents, Designs and Trade Marks v Emotional Perception AI Ltd [2024] EWCA Civ 825 (19 July 2024) This was an appeal by the Comptroller-General of Patents, Designs and Trade Marks ("the Comptroller") from the decision of Sir Anthony Mann sitting as a judge of the High Court in    Emotional Perception AI Ltd v Comptroller-General of Patents, Designs and Trade Marks [2023] [2024] Bus LR 14, [2023] WLR(D) 500, [2023] EWHC 2948 (Ch)) (21 Nov 2023). Sir Anthony had allowed an appeal by Emotional Perceptions AI Ltd ("EPL") against the decision of the hearing officer Phil Thorpe in Re Emotional Perception AI Limited's Application  BL/O/542/22 of 22 June 2022. In that decision, Mr Thorpe upheld the examiner's objection to UK Patent application  GB1904713.3 for a Method of training a neural network to reflect emotional perception and re...

Author Renardo la vulpo   Licence CC BY-SA 4.0 Deed   Source Wikimedia Common s   Jane Lambert Enlarged Board of Appeal  (C. Josefsson, I. Beckedorf, F. Blumer, T. Bokor, P. Catallozzi, P. Gryczka and A. Ritzka)  G 0002/21 Syngenta Ltd v Sumitomo Chemical Co. Ltd  23 March 2023 European patent No. 2 484 209   ("the patent") has been granted to Sumitomo Chemical Co. Ltd. ("Sumitomo") for a mixture of thiamethoxam and other compounds in accordance with a formula disclosed in the specification.  That mixture produces an insecticidal activity that is greater than would be achieved by any of those compounds administered on its own ("the invention"). Syngenta Limited ("Syngenta") objected to the patent on the grounds that the invention was not new or obvious , that it had not been properly disclosed and it included added matter . The European Patent Convention ("EPC") provides a procedure for the revocation of a patent known as "oppositi...

A uthor a jay_suresh   Licence CC BY 2.0   Source Wikimedia Commons   Jane Lambert Patents Court (Mr Justice Meade)  Optis Cellular Technology LLC and others v Apple Retail UK Ltd and others [2021] EWHC 2564 (Pat) (27 Sep 2021) This was one of a number of trials between Optis Cellular Technologies LLC, Cellular Wireless Technologies LLC and Unwired Planet International Limited ("Optis") of the one part and Apple Retail UK Ltd, Apple Distribution International Ltd and Apple Inc ("Apple") on the other.  Optis has alleged that Apple's iPhone, iPad and other 3G and 4G devices infringe 8 of its standard-essential patents ("SEP") when implementing an  ETSI (European Telecommunications Standards Institute ) standard.  The litigation addresses the following questions.  The first is whether certain patents that have been granted to Optis are essential for the implementation of the standard.  If they are, the second question is whether the p...

  Author  Goodtiming8871   Licence CC BY=SA 4 ,- Source Wikipedia Wireless     J ane Lambert Court of Appeal ( Lord Justice Lewison, Lady Justice Asplin and Lord Justice Arnold) IPCom GmbH & Co Kg v Vodafone Group Plc and others  [2021] EWCA Civ 205 (19 Feb 2021) This was an appeal by both sides against the judgment of Mr Recorder Campbell QC in IPcom GmbH & Co Kg v Vodafone Group Plc and others [2020] EWHC 132 (Pat) (28 Jan 2020).  That had been a claim by  IPCpm GmbH & Co Kg  against several companies in the Vodafone group for infringement of European Patent (UK) number EP2579666B1for Allocation of access rights for a telecommunications channel to subscriber stations of a telecommunications network . Mr Justice Birss had ordered the trial to dispose of some of the issues in a wider dispute over whether the Vodafone companies were obliged to take a licence from IPCom on FRAND (fair, reasonable and non-discriminatory)...