Posts

FRAND - Lenovo v Ericsson

Image
Great Hall, Royal Courts of Justice Author Aurelien Guichard   Licence CC BY-SA 2.0   Source Wikimedia Commons Jane Lambert Court of Appeal (Lords Justices Newey and Arnold and Lady Justice Falk)  Lenovo Group Ltd and others v Telefonaktiebolaget LM Ericsson (PUBL) and another [2025] EWCA Civ 182 (28 Feb 2025 ) This was an appeal against Mr Justice Richards's refusal to grant a declaration that a willing licensor and a willing licensee in the situation of the parties to this litigation would agree to, and actually enter into, a short-term cross-licence that would expire once either an English court or the US District Court for the Eastern District of North Carolina fixes the terms of a FRAND cross-licence (see  Lenovo Group Ltd and others v Telefonaktiebolaget LM Ericsson (publ) and another [2024] EWHC 2941 (Pat) (19 Nov 2024)). The appeal was heard by Lords Justices Newey and Arnold and Lady Justice Falk on 25 Feb 2025 and judgment was handed down on...
Post a Comment
Read more

Patents - Prevayl Innovations Ltd v Whoop Inc.

Image
Jane Lambert   Intellectual Property Enterprise Court (HH Judge Hacon)  P revayl Innovations Ltd v Whoop Inc [2025] EWHC 399 (IPEC) (27 Feb 2025) This was a claim by Prevayl Innovations Ltd ("Prevayl") against Whoop Inc ("Whoop") for the infringement of UK patent  GB 2 589 947 ('the patent'). and a counterclaim by Whoop for a declaration of invalidity of the patent on the grounds of  anticipation and obviousness.  The action and counterclaim were tried by HH Judge Hacon on 20-21 Jan 2025.  By para [95] of his judgment in P revayl Innovations Ltd v Whoop Inc [2025] EWHC 399 (IPEC) which he delivered on 27 Feb 2025, the learned judge held the patent was invalid for lack of an inventive step.  He added that had it been valid it would have been infringed. The Invention The invention for which the patent was granted was a "bra garment and method,"  Judge Hacon described it as a type of bra which incorporates technology that measures biosigna...
Post a Comment
Read more

Trade Secrets - Illiquidx Ltd v Altana Wealth Ltd.

Image
  Jane Lambert Chancery Division (Mr Justice Rajah)   Illiquidx Ltd v Altana Wealth Ltd and others [2025] EWHC 299 (Ch) (13 Feb 2025) This was a claim for breach of contract and confidence and trade secrets and copyright infringement,    The Parties The claimant was Illiquidx Ltd, ("IX")  a company that describes itself as "an innovative independent financial services boutique specialised in illiquid markets, which caters to institutional, professional and high net worth investors."  Its activities focus on sales, trading and advice,  One of the markets in which it claims expertise is the sovereign debt of Venezuela , a country that has laboured under international sanctions for many years and has recently defaulted on its debt. The first and second defendants are Altana Wealth Ltd ("Altana") and Lee Robinson ("Mr Robinson") Altana's founder, controlling shareholder and chief investment officer. According to its website, Altana seeks uni...
Post a Comment
Read more

Copyright and Rights in Performances - Noel Redding Estate Ltd v Sony Music Entertainment UK Ltd

Image
The Jimi Hendrix Experience . Author Warner Enterprise Records  Licence Public Domain Source Wikimedia Commons   Jane Lambert Court of Appeal (Lord Justices Newey, Arnold and Birss)  Noel Redding Estate Ltd and another v Sony Music Entertainment UK Ltd [2025] EWCA Civ 66 (6 Feb2025) This was an appeal by Sony Music Entertainments UK Ltd ("Sony") against Mr Justice Michael Green's refusal to strike out or grant summary judgment dismissing claims by Noel Redding Estate Ltd, and Mitch Mitchell Estate Ltd. for declarations as to the ownership and relief for infringement of copyright and performers' rights in Noel Redding Estate Ltd and another v Sony Music Entertainment UK Ltd [2024] EWHC 128 (Ch) (29 Jan 2024).  Grounds of Appeal Sony appealed on the following grounds:  Mr Justice Michael Green had been wrong to reject Sony's contention that the claim for infringement of performers' rights  was precluded by the transitional provisions contained in s....
Post a Comment
Read more

Copyright - Rinkoff v Baby Cow Productions Ltd.

Image
Crying mask Melpomene and laughing mask Thalia Author Tim Green   Licence CC BY-SA 2.0   Source Wikimedia Commons   Jane Lambert Intellectual Property Enterprise Court (Recorder Amanda Michaels) Rinkoff v Baby Cow Productions Ltd [2025] EWHC 39 (IPEC) (17 Jan 2025) This was a claim for copyright infringement. The work in which copyright was alleged to subsist as an original dramatic work was the format of two series of comedy shows called "Shambles ". The individual who devised that format was the writer and comedian Joshua Rinkoff ("Mr Rinkoff") who performs under the name  Harry Deansway.   Mr Rinkoff alleged that Baby Cow Productions Ltd . ("Baby Cow") had copied his format to make a series called "Live at the Moth Club".  The action came on for trial before Recorder Amanda Michaels on 4 and 5 Nov 2024.  By her judgment of 17 Jan 2025, the recorder dismissed Mr Rinkoff's claim (see Rinkoff v Baby Cow Productions Ltd [2025] EWHC 39 (IP...
Post a Comment
Read more