A patent concerning intravascular medical devices delivered by catheter to remote locations in a patient’s vessels, formed of braided metal strands with a collapsed configuration for delivery and a dumbbell shape when expanded, was valid but not infringed.
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A patent claiming machinery and methods for sealing the tail ends of rolls of paper (such as toilet paper or kitchen towel) was valid and infringed. A second patent claiming an improvement to the first patented method was invalid for obviousness over the common general knowledge and prior art.
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In relation to a patent concerning an apparatus for treating tissue damage by application of a vacuum, the judge had been correct to hold that claim 1 had been anticipated. In relation to several further claims, the judge had not applied the correct test of obviousness. The Court of Appeal substituted its own conclusion and found the further claims to be obvious over the prior art and common general knowledge.
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The claimant (M) applied for judicial review of the decision of the defendant secretary of state to order his extradition to the US. M had admitted using his home computer to hack into computers of the US government. A DJ sent M's case to the SSHD, who subsequently ordered M's extradition. M made a fresh claim to the SSHD on health grounds, relying on fresh evidence that he had Asperger Syndrome. The reports stated that the degree of stress of imprisonment, in particular if it were to occur in a ...
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The Pursuer/Appellant sought Declarator that he was a tenant at will of a hut at Downs of Barry by Carnoustie and that he had the right to occupy the land on which the hut was erected “as established by custom and usage”. A Debate had taken place in relation to the Defenders/Respondents’ preliminary pleas. The Defenders had argued that the Sheriff Court did not have jurisdiction to declare the existence of a tenancy at will and also questioned the relevancy of the Pursuer’ ...
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The Petitioners sought a Winding Up Order against the Respondents. They had previously lodged a caveat and a Hearing took place. The Sheriff had to consider whether to make an Order for First Deliverance on the Petition. The Petitioners sought an Order on the grounds that the Respondents were allegedly unable to pay their debts as and when they fell due (Sections 122 (f) and 123 of the Insolvency Act 1986). This followed the service of a Statutory Demand. The Petitioners also claimed tha ...
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Proof before answer:- In terms of a business transfer agreement dated 13 and 27 July 2006 the defender, a partner in the law firm "Clairmonts", sold his interest in that law firm, including his interest in the business as a going concern to the pursuers, another law firm. Subsequently, pursuant to another agreement the defender became a partner with the pursuers. The price for the purchase of the defender’s interest in Clairmonts was £800,000 payable by six instalments the last instal ...
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Criminal Note of Appeal:- The appellant was charged on summary complaint with a contravention of section 33(1)(b) of the Environmental Protection Act 1990. The appellant's wife appeared on the same complaint charged with the same offence in her capacity as a director of four companies referred to in the charge against the appellant. On 23 February 2009 the appellant challenged the competency and relevancy of the complaint on the ground that it was incompetent to prosecute the appellant as a dire ...
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Petition to the Nobile Officium:- On 11 August 2004 the petitioner was convicted after a summary trial of the following charge:- "on 26 July 2003 at the bus stop in Cockburn Street, Falkirk you....did culpably and recklessly throw a stone or similar object at a single decker public service bus, registration P214 NSC, then in operation and said stone struck a window on said bus whereby said window was damaged causing the bus window to smash." He was ordered to perform 100 hours community service ...
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In this petition for judicial review the petitioner sought to challenge the decision of the Lord Advocate, dated 8 May 2008, refusing a request that a fatal accident inquiry be held into the circumstances surrounding the death of the petitioner's daughter. On 19 December 1995 Richard Karling was found guilty of the murder of the petitioner's daughter on 27 June 1995. He subsequently lodged an appeal against his conviction and at the appeal hearing further evidence was led. A key aspect of the Cr ...
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