High Court: Patents Court judgments, 2003

16 judgments, newest first. Open any case for its summary, the legal points it decides and how later courts have treated it.

Date Case Cited by
12 Dec 2003
[2003] EWHC 3196 (Pat)
On an application for an interim injunction in a complex patent case, the court should not conduct a mini-trial or attempt to assess validity where the issues…
27 Nov 2003
[2003] EWHC 2842 (Pat)
Patent claims are construed objectively from the language used, particularly the claims, read in the context of the specification. The Protocol permits…
7
7 Nov 2003
[2003] EWHC 2787 (Pat)
On a summary judgment application, a defence must have a real, properly evidenced prospect of success. A bare assertion of law is insufficient; the defendant…
29 Sep 2003
[2003] EWHC 2361 (Pat)
Where a registered design’s statement of novelty refers to a specimen, the specimen must remain available for public inspection. A design registration should…
16 Sep 2003
[2003] EWHC 2589 (Pat)
An order under section 51 of the Supreme Court Act 1981 requiring a non-party to pay costs is exceptional. The court must distinguish a pure, commercially…
3
31 Jul 2003
[2003] EWHC 1892 (Pat)
A defendant who has finally lost a patent infringement action cannot avoid an inquiry as to damages by relying on the patent’s later revocation in separate…
6 Jun 2003
[2003] EWHC 1395 (Pat)
When exercising the discretion to order the early or conjoined trial of declarations of non-infringement, the court must balance the applicant’s commercial…
15 Apr 2003
[2003] EWHC 876 (Pat)
Costs must be assessed proportionately in the circumstances of the litigation as a whole. Proportionality operates at both ends of the scale: parties in…
2 Apr 2003
[2003] EWHC 649 (Pat)
For supplementary protection, a combination of active ingredients must itself be protected by the basic patent. It is insufficient that one component…
8
11 Mar 2003
[2003] EWHC 533 (Pat)
Applications concerning the conduct and timetable of pre-trial experiments must be assessed proportionately. Parties to High Court litigation are expected to…
5 Mar 2003
[2003] EWHC 430 (Pat)
Section 118 of the Patents Act 1977 requires the Comptroller to provide information relating to a published patent application which is available from the…
18 Feb 2003
[2003] EWHC 624 (Pat)
Where a court is asked to order an interim payment of costs before it has heard the trial or inquiry, CPR 44.3.8 creates no presumption either for or against…
1
6 Feb 2003
[2003] EWHC 150 (Pat)
Where a commercially important patent-construction issue is self-contained and can be decided quickly, the court may list it for early determination even…
6 Feb 2003
[2003] EWHC 116 (Pat)
Summary judgment is inappropriate where the issue relied upon is a question of fact and the earlier determination arose in proceedings involving different…
4 Feb 2003
[2003] EWHC 127 (Pat)
Results generated and disclosed solely for the purposes of existing proceedings fall within the use restriction in CPR 31.22. They may be used only for those…
21 Jan 2003
[2003] EWHC 5 (Pat)
A patent claim is not inventive merely because it identifies an untested member of a known class where the prior art discloses relevant structure–activity…