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Showing posts with the label invalid priority

Lord Kitchin applies the "markedly different" infringement approach in Actavis v Eli Lilly in Icescape v Ice-World

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Since the landmark UK Supreme Court decision in Actavis v Eli Lilly ( [2017] UKSC 48 ), judges of the lower courts have voiced the need for clarification from the Supreme Court.  In a Court of Appeal decision published recently, Icescape v Ice-World ( [2018] EWCA Civ 2219 ),  Lord Kitchin, who has been recently elevated to the Supreme Court,  applies the principles of Actavis . This Kat looks to see if there are any hints in this decision as to how Lord Kitchin may approach the unresolved issues raised by Actavis in the Supreme Court. The Invention - Cooling apparatus for mobile ice rinks The case at issue was whether Ice-World's patent for a mobile ice rink cooling member  EP (UK) 1462755 ,  was valid and infringed by Icescape. Mobile ice rinks are formed from an arrangement of manifolds and longitudinal pipes . Coolant pumped through  the pipes freezes surrounding water to form the skating surface.  The apparatus of pipes and manifolds ha...

Around the IP Blogs!

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Take a tour of the IP blogosphere with IPKat! Highlights this week include a series of articles on the impact of brexit on the patent system, a commentary on whether blockchain can reasonably be used to protect trade secrets and a case of invalid priority in the US.  Trademarks The Journal of Intellectual Property Law and Practice (JIPLP) provides an "Authors' Take" by Daniel R. Bereskin, Q.C. on  Likelihood of Confusion: The Irrational Basis of Trademark Protection . Is the “likelihood of confusion” (“LOC”) test, as in the view of Professor Roger Bone, a "mess"? Likelihood of confusion? Patents Kat friends Matthias Lamping and Hanns Ullrich of the Max Planck Institute for Innovation and Competition, have recently published two articles on the impact of Brexit on the unitary patent system and the unified patent judiciary: " The European Union’s Patent System after Brexit: Disunited, but Unified?" and " The Unified Patent Court, and How Brexit Br...