By Claire Adams on 09/07/2008 09:22
Angiotech and the University of British Columbia are joint proprietors of a European patent which claims, among other things, a stent coated with taxol for “treating or preventing recurrent stenosis". Conor Medsystems applied in both the UK and the Netherlands for revocation of the patent on the ground that the claimed invention was obvious. In the UK, at first instance and before the Court of Appeal, it succeeded. In the Netherlands, before the District Court of The Hague, it failed. Angi ...
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By Euan Dow on 11/06/2008 14:31
Intellectual Property - Reclaiming Motion:- On 1 February 2007 the Lord Ordinary found the defenders liable to the pursuers in the expenses of the action on an agent and client basis, remitted the case to the auditor to tax and to report and decerned in favour of the pursuers for the expenses as taxed. At the same time the Lord Ordinary allowed the pursuers an additional fee. The pursuers lodged an account of expenses and the auditor approved the claim for outlays in full and allowed a lump-sum ...
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By Euan Dow on 21/02/2008 09:06
Note of Objections:- On 1 February 2007 the court found the defenders liable to the pursuers for expenses on an "agent and client" basis following proof in which the court found in favour of the pursuers. The court also found the pursuer entitled to charge an additional fee in terms of certain of the heads of Rule of Court 42.14(3). The result of that taxation was that the pursuers were entitled to recover,£130,000 for outlays, and £225,968.81 in respect of solicitors fees. The defende ...
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By Euan Dow on 20/07/2006 23:00
Prelimiminary Proof - Intellectual Property
The pursuers and defenders both manufactured elasticated tubular netting used for wrapping joints of meat. In this case the pursuers alleged that the defenders' machine infringed certain claims in the patent of their "knitting" machine.The arguement turned on the proper construction to be given to the pursuers' first claim, the end of which stated:- "...the arrangement being such that, when not deflected by the presser plate, each warp thread passes inwardly of the cylinder in a straight line at ...
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