Patents tracker This Practice Note is intended to be used to track the progress of judgments, legislative proposals and consultations related to patents. For archived items on patents, see Practice Note: Patents tracker [Archived]. Judgments—Supreme Court What's happening? When? Find out more Secretary of State for Health and another (Appellants) v Servier Laboratories Ltd and others (Respondents)  UKSC 24UKSC 2019/0172 2 July 2021: Supreme Court judgment delivered.14 April 2021: Supreme Court hearing.11 March 2020: permission to appeal to the Supreme Court granted.12 July 2019: Court of Appeal judgment delivered. Damages claim following injunction in patent proceedings This case concerns Servier’s enforcement of the UK designation of its patent for the alpha crystalline form of the tert-butylamine salt of perindopril (in particular by obtaining injunctions against other pharmaceutical companies) and the later finding that the patent was invalid.The Secretary of State for Health (SoS) buys drugs on behalf of the NHS. SoS argued that such conduct by Servier amounted to a making an unlawful profit by enforcement of the rights of a patented product in order to charge higher prices to the NHS. SoS failed at the High Court, the Court of Appeal and now at the Supreme Court in the UK to argue that Servier’s conduct was intentional, deceitful and caused economic damage to SoS and thus, the tax payer.Further information:—LNB News 02/07/2021 82—News Analysis: Triumph
Court jurisdiction and intellectual property [Archived] ARCHIVED: This Practice Note has been archived and is no longer maintained. It covers jurisdiction issues that can arise in IP cases in the UK, with a particular focus on the jurisdiction regime in the EU, and the interpretation of Regulation (EC) 44/2001 (Brussels I) and Regulation (EU) 1215/2012 (Brussels I (recast)). It also covers court jurisdiction in the UK. It sets out the position in relation to patents, trade marks, copyright and design rights, with links to more specialist notes in those areas of IP where appropriate. This Practice Note introduces concepts relating to jurisdiction only (not applicable law). IP rights are protected on a national or regional territorial basis, but the nature of the subject matter underlying IP (eg inventions, written works, etc) allows in the internet age, almost instantaneous cross-border movement. Determining whether the English court has jurisdiction over an IP infringement action brought before it is therefore a complex issue. General principles IP infringement may involve considerations of tort and/or of contract law (eg the interpretation of a licence). Where a contract governs the relationship between the IP owner and the other party, the jurisdiction of the English court may be established if, for example: • there is an express choice of exclusive jurisdiction • the contract was made within the jurisdiction • the contract was made through an agent trading or residing within
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Construction analysis: The Technology and Construction Court (TCC) found that a contractor was liable both in respect of issues regarding installation and the initial specification of a cladding system in five residential tower blocks. The works were initially carried out in 2005–2008, and the breaches were discovered following an examination of the system after the Grenfell Tower fire in 2017. In an extensive judgment, Judge Davies also considered a number of issues around causation and remoteness of damage arising in relation to the works. Though dependent on the specific facts, this case provides a useful insight into how the court may interpret claims which may arise on the liability which an original contractor has for cladding installed prior to the Grenfell Tower fire.
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