Showing posts from March, 2018

Data Protection - GDPR Resources

Jane Lambert

These are the slides for a talk that I gave last week on the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council  of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC) ("the GDPR").

Why the GDPR is important
The regulation will come into force simultaneously in all 28 member states of the European Union including the United Kingdom on the 25 May 2018. It will repeal the Data Protection Directive (Directive 95/46/EU) which was transposed into English and Welsh as well as Scottish and Northern Irish law by the Data Protection Act 1998.  Although the GDPR will eventually cease to be part of our law either when we leave the EU on 29 March 2019 or at the end of any transition or implementation period that may come into effect immediately after our exit, its provisions are likely to be prese…

Patents and Designs: Cantel Medical (UK) Ltd v ARC Medical Design Ltd.

Jane Lambert

Patents Court (HH Judge Hacon): Cantel Medical (UK) Ltd and another v ARC Medical Design Ltd[2018] EWHC 345 (Pat)

This was a claim by Cantel Medical (UK) Ltd and Cantel (UK) Limited for the revocation or declarations of non-infringement of the following patents, registered Community designs ("RCD") and unregistered design rights:
European patent number 2 575 590 for a covering for a medical scoping device;UK patent number 2 478 081 for a covering for medical scoping device;RCD number 001856121-0001;RCD number 002523191-0001;the design right in the design on an attachment to a colonoscope known as the Endocuff; andthe design right in the design of another attachment known as the Endocuff Vision.ARC Medical Design Ltd., which is the registered proprietor of those patents and RCD and the owner of the design rights, counterclaimed for the usual remedies for infringement of those rights.
The Endocuff and Endocuff Vision The Endocuff and Endocuff Vision are plastic cuffs…

Brexit Briefing - February 2018

This month's Brexit briefing focuses on the publication by the European Commission of a draft agreement for the withdrawal of the UK from the EU and the Euratom. Although it has not yet been presented to the British government and there has already been some grumbling from the PM and others it is unlikely to be rejected out of hand.
There were some welcome signs of pragmatism in the PM's speech at the Mansion House on 2 March 2018.
There were also some crumbs of comfort for the ratification of the UPC Agreement and perhaps even continued British participation in the Court after Brexit. Read more

Inventors Club: Free Digital Skills Training and Coaching from at a Google Digital Garage and Trevor Baylis

Inventors, entrepreneurs and others setting up in business can obtain free digital training online or from a Google Digital Garage in Birmingham, Manchester and Sheffield. Yesterday I visited the Google Digital Garage in Manchester and wrote about it in Visit to Manchester's Google Digital Garage6 March 2018 IP North West.

Yesterday was also the death of the well-known inventor, Trevor Baylis CBE. Commiserations to his family, friends and connections.

Patents - The First Case to Apply Eli Lilly v Actavis: Mylan v Yeda

Patents Court (Mr Justice Arnold): Generics (UK) Ltd (t/a Mylan) and another v Yeda Research And Development Company Ltd [2017] EWHC 2629 (Pat) (26 Oct 2017)

On Wednesday, 28 Feb 2018 I gave a talk to the C5 Pharma and Patent Litigation Conferenceat the Radisson Blu Hotel in Amsterdam. Mine was one of three talks on the topic Infringement under the Doctrine of Equivalents.  I discussed the law of England in the light of the Supreme Court's decision in Eli Lilly v Actavis UK Ltd and others [2017] UKSC 48, [2017] Bus LR 1731 while Paul Reeskamp and Philipp Cepl, who practise in the Netherlands and Germany, considered the topic in the light of the developing case law in their jurisdictions. I had previously written about the Supreme Court's judgment in The Supreme Court's Judgment in Eli Lilly v Actavis UK Ltd and Others: how to understand it and why it is important13 July 2017.

Possibly because Lord Neuberger said that his approach to the construction of the patent claims com…