High Court: Patents Court judgments, 2025

Claims by an implementer for RAND relief concerning UK standard-essential patents may relate to UK registered rights even where the relief sought includes a…

An ITU-T patent licensing declaration creates an enforceable contract for the benefit of third parties. Its obligation is to make a RAND offer capable of…

A patent claim is not insufficient merely because its boundaries present practical puzzles. A purposive construction may accommodate reasonable approximations…

An interim anti-anti-suit injunction may be continued where there is a strong likelihood that, without it, a party will seek foreign relief preventing…

A notification under the SPC manufacturing waiver is not invalid merely because the marketing-authorisation reference number for the export country is…

An anti-anti-suit injunction is an exceptional remedy. Its grant is never automatic and cannot follow merely because another case presents similar facts. Each…

On a pleading issue, a party cannot advance at trial a case that two varieties are factually distinct where the pleadings and agreed facts treat them as the…

An interim anti-anti-suit injunction may be granted without notice to protect the integrity of English proceedings where there is a non-negligible risk that…

In an application for an interim injunction in pharmaceutical patent litigation, the court must apply the American Cyanamid principles to the evidence in the…

An English court may grant interim anti-anti-suit relief where it is seriously arguable that foreign proceedings would undermine the English court’s…

In complex RAND proceedings, the English court may case-manage its own proceedings while respecting foreign anti-suit orders and declining to construe or…

Infringement by equivalence must be assessed by reference to the invention at the level of generality of the claims. A court must identify the inventive…

Compensation under a cross-undertaking following an invalid interim injunction is assessed liberally because the counterfactual may be inherently uncertain.…

Where an interim injunction is granted to preserve the position pending trial, success at the interim stage is provisional and costs may properly be reserved.…

For UK unregistered design right, originality under section 213(1) of the Copyright, Designs and Patents Act 1988 has the same meaning as originality in…

Costs are determined by identifying the overall winner, isolating any distinct issue on which that party lost, and deciding whether justice requires a further…

A cross-undertaking in damages is construed according to its language, purpose and the obligation to compensate loss caused by the injunction. Applying…

In deciding requests for further disclosure at a case management hearing, the court must balance the likely value of the material against the burden of…

A final judgment should be reopened only for a sufficiently powerful reason, and an application based on changed circumstances requires a material change since…

In a global FRAND dispute, a SEP holder acts in bad faith where it uses a coordinated wave of unnecessary foreign injunction proceedings, backed by an interim…

In a multi-patent action, costs should reflect the parties’ success on the litigation viewed objectively. The court may analyse separate patents or suitably…

On an application for an interim injunction pending an appeal in a patent validity action, the court should apply the American Cyanamid guidelines…

Patent claims are construed purposively, but the court must respect precise scientific language and deliberate claim limitations. Purpose cannot justify…

A court should rarely revisit an unappealed case-management decision made by a judge of equal standing. It should do so only in extraordinary circumstances. A…

The court has equitable jurisdiction to award interest as ancillary relief on an account of profits for patent infringement under Patents Act 1977, section 61.…

For a chemical compound to make a technical contribution, the patent must make it plausible, in light of the common general knowledge, that the compound has…

An action challenging patent examination, deemed refusal and alleged misconduct by the Comptroller may be struck out where it discloses no legally viable cause…

A stay of plant breeders’ rights infringement proceedings pending determination of a validity challenge is discretionary. The court must apply the Overriding…

On an interim injunction application, the court must apply the American Cyanamid guidelines to the evidence available, while assessing only the period and…

Expedition of a FRAND trial may be ordered where threatened injunctions in other jurisdictions create a clear risk of substantial and irreparable harm to an…

On an appeal from a Comptroller decision, the court reviews the decision below unless justice requires a rehearing. The decision may be disturbed only for…

In patent validity proceedings, the skilled team must be modelled realistically, including relevant laboratory and development experience. Obviousness is…

In a jurisdiction challenge to patent, FRAND and related claims, the court held that claims concerning UK patents remain claims to enforce territorial patent…

A contractual patent licence covering commercially reasonable updates or extensions is construed by reference to actual products in existence at the relevant…

For infringement by a normal, purposive interpretation, a claimed weld portion must itself extend away from the actual periphery of the appliance and point…

Contrary to a simple “all‑profits” approach, where a patented feature is only one of several commercial and technical drivers of a complex product the court…

When revising a costs budget, the court must identify a significant development and costs that could not reasonably have been foreseen when the original budget…

Patent claims must be construed according to their ordinary meaning, informed by the skilled person and the specification. Numerical terms such as about allow…

A claim to patent entitlement depends on when the invention was conceived and on the objective scope of any assignment. The court assesses conception by…

In an issues-based costs order, the court should identify the overall winner, consider whether a suitably circumscribed issue justifies depriving that party of…