Bloomsbury IP/IT Briefing: October Teaser

This month’s Briefing leads with two important judgments addressing the conduct of professional representatives in IP cases. The first dealt with a professional negligence claim where a firm of patent attorneys had failed to appeal an adverse opposition decision in time. Mr Justice Adam Johnson’s judgment addressed the extent of liability, and what losses resulted from the negligence.

The second arose in the extensive litigation between Optis and Apple, and concerned a suspected (but in the event unfounded) allegation of the leak of a confidential draft judgment. The judge, Mr Richard Meade, addressed who was to blame and what lessons need to be learned.

Turning to substantive patent matters, Mr Justice Mellor found Bayer’s patent relating to sorafenib for treating human cancers to be invalid for obviousness. In another case, he ruled on a question concerning the disclosure of confidential information in a damages inquiry between Rhodia and Neo.

An interesting case concerned the misuse of confidential information in the design of a cable lay vessel. It was found that the sharing of designs with a third party, who later developed its own designs, constituted a breach of confidence and a conspiracy to use unlawful means.

The now well-established procedure for granting Section 97A blocking orders against ISPs was followed by Mrs Justice Falk in a decision regarding five websites linking to pirate movies.

In a case between two neighbours arising from the use of Ring and Nest cameras and audio recording equipment, Judge Melissa Clarke found that the Data Protection Act and Regulations were breached, specifically by the processing of audio data.

The Court of Appeal has set out details of the suspension of the effect of its judgment that the Immigration Exception in the Data Protection Act was contrary to the GDPR, and the legal basis for its decision.

At the CJEU, the Court made a rare intervention on plant variety rights, clarifying when infringement claims are time barred.

Finally, the government and UK IP have made announcements including regarding a consultation on AI and IP and new appointments.

The IP/IT Briefing is part of the Bloomsbury Law Online Service. The full briefing is available here.

Written by James Nurton

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