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Judgment Search Results Home > Cases Phrase: patents Court: house of lords Year: 2004 Page 1 of about 12 results (0.017 seconds)

Oct 21 2004 (FN)

Kirin-amgen Inc and Others (Appellants) Vs. Hoechst Marion Roussel Lim ...

Court : House of Lords

Decided on : Oct-21-2004

..... diplock in catnic components ltd v hill and smith ltd [1982] rpc 183, 243 when he said that the new approach should also be applied to the construction of patent claims: "a patent specification should be given a purposive construction rather than a purely literal one derived from applying to it the kind of meticulous verbal analysis in which lawyers are too ..... to methods of purification. it is true that the patentee must be taken to have contemplated the kind of method a skilled man would have adopted in 1984 and the patent cannot become insufficient because some entirely different method, consistently producing uepo with a different molecular weight, is invented afterwards. but the specification refers to a number of methods of ..... have thought he was claiming. the background was the tendency to literalism which then characterised the approach of the courts to the interpretation of documents generally and the fact that patents are likely to attract the skills of lawyers seeking to exploit literalism to find loopholes in the monopoly they create. (similar skills are devoted to revenue statutes). 42. if ..... is article 69 of the epc, which applies to infringement proceedings in the domestic courts of all contracting states: "the extent of the protection conferred by a european patent or a european patent application shall be determined by the terms of the claims. nevertheless, the description and drawings shall be used to interpret the claims." 20. in stating unequivocally that the .....

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Feb 05 2004 (FN)

Buchanan (Appellant) Vs. Alba Diagnostics Limited (Respondents) (Scotl ...

Court : House of Lords

Decided on : Feb-05-2004

..... (a)". this appeal came before the house without the leave of the inner house. 36. in his action mr buchanan concluded for interdict against alba from infringing the 321 patent, for count reckoning and payment for the profits made by the manufacture and sale of their implement and alternatively for damages. alba lodged defences in which it was averred, among ..... sir george jessel, they were likely to be extremely unattractive to any lender or purchaser unless accompanied by some assurance that their value could not be destroyed by a subsequent patented improvement. to say that mr buchanan and his company could not offer such security is to say that they should in practice be debarred from using their intellectual property rights ..... by cooler liquid from the brake fluid reservoir. the entry of cooler liquid would prevent the temperature from rising significantly above boiling point while it was measured. alba obtained a patent for this device, with priority date 10 may 1994 and naming mr mills as the inventor. alba markets an embodiment of this invention, which mr buchanan alleges to be ..... 000 owing by [innovations] to [mr mills] the assignors hereby:- (1.1) assign to [mr mills] their whole right, title and interest past present and future in and to the patents and the applications and all improvements , prolongations and extensions relating therein and thereto (hereinafter referred to as "the charged assets") provided always that there is excluded from the assignation under .....

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Oct 14 2004 (FN)

Sabaf Spa (a Company Incorporated Under the Laws of Italy) (Respondent ...

Court : House of Lords

Decided on : Oct-14-2004

..... new york. 44. mr thorley also relied upon cases in the netherlands, france and germany in which foreign sellers had been held liable for patent infringement. in probel v parke davis (1964 nj 1372, no 494) the supreme court of the netherlands decided that a belgian seller had infringed ..... not been suggested that there was: "anything inventive in the specific arrangement or design of parts required for the burners the subject of the patent, other than those arrangements or designs which are included to overcome the first two disadvantages" 30. mr thorley said that this was not so ..... the integers." 18. although this statement was made by reference to the pre-1977 united kingdom law, the same principles are applied by the european patent office. the judge referred to the epo guidelines for substantive examination, where the following statement of principle appears in the current (dec 2003) edition ..... not been suggested that there is anything inventive in the specific arrangement or design of parts required for the burners the subject of the patent, other than those arrangements or designs which are included to overcome the first two disadvantages. therefore it is the first two disadvantages and the ..... venturi effect", increased its pressure. 5. the pipe was a substantial piece of hardware taking up space beneath the hob. the specification of the patent in suit described the disadvantages of such burners: "they are relatively tall, for which reason they are not suitable or cannot be used for .....

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Nov 11 2004 (FN)

Three Rivers District Council and Others (Respondents) Vs. Governor an ...

Court : House of Lords

Decided on : Nov-11-2004

..... -simplification. especially in the nineteenth century, many solicitors or attorneys acted as "men of business". they not only gave legal advice and assistance but carried on business, for instance, as patent agents, as agents for insurance companies, as deposit agents for colonial banks, and as stewards or factors running estates. they would also lend money to their clients, sometimes in relation .....

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Dec 16 2004 (FN)

A (Fc) and Others (Fc) (Appellants) Vs. Secretary of State for the Hom ...

Court : House of Lords

Decided on : Dec-16-2004

..... . that does not mean that the courts could never intervene. unwarranted declarations of emergency are a familiar tool of tyranny. if a government were to declare a public emergency where patently there was no such thing, it would be the duty of the court to say so. but we are here considering the immediate aftermath of the unforgettable events of 11 .....

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Feb 26 2004 (FN)

Her Majesty's Commissioners of Customs and Excise (Appellants) Vs. Zie ...

Court : House of Lords

Decided on : Feb-26-2004

..... construed as a whole, but they amount to a text of some complexity. in practice the reader has to assimilate the text piece by piece (or in the language of patent law, integer by integer), forming a provisional view as to the meaning and effect both of each constituent part and of the emerging whole. the reader's provisional view may .....

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Jan 22 2004 (FN)

Regina Vs. Connor and Another (Appellants) (on Appeal from the Court o ...

Court : House of Lords

Decided on : Jan-22-2004

..... verdict returned in the presence of all of the jurors and on their behalf is not to be open to second thoughts and must, subject to very limited exceptions, eg patent inconsistency with another verdict, be accepted by the trial judge. this finality works as much in favour of the accused as against him. finality is what the acquitted defendant wants .....

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Nov 25 2004 (FN)

Beynon and Partners (Respondents) Vs. Her Majesty's Commissioners of C ...

Court : House of Lords

Decided on : Nov-25-2004

lord nicholls of birkenhead my lords, 1. i have had the advantage of reading in draft the speech of my noble and learned friend lord hoffmann. for the reasons he gives, with which i agree, i would allow this appeal. lord steyn my lords, 2. i have had the advantage of reading the opinion of my noble and learned friend lord hoffmann. i agree with it. i would also allow the appeal and restore the decision of the tribunal and collins j. lord hoffmann my lords, 3. the issue in this appeal is whether the personal administration of a drug such as a vaccine by a nhs doctor to a patient is a taxable supply for the purposes of value added tax. the european sixth directive (77/388/eec) requires that the provision of medical care in the exercise of the medical and paramedical professions should be exempt from vat: see article 13 a 1(c). on the other hand, the supply of goods (defined in article 5.1 as "the transfer of the right to dispose of tangible property as owner") is taxable. the question is therefore whether the doctor is making a single supply of medical services to which the provision of the drug is merely ancillary or whether he is also supplying goods when, for example, the injected drug passes through the needle into the patient's arm. 4. the commissioners of customs and excise take the view that there is a single exempt supply. the consequence is that the doctor is not entitled to deduct or seek repayment of the input tax which was paid on the supply of the drugs to him. .....

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Oct 14 2004 (FN)

Chester (Respondent) Vs. Afshar (Appellant)

Court : House of Lords

Decided on : Oct-14-2004

lord bingham of cornhill my lords, 1. the central question in this appeal is whether the conventional approach to causation in negligence actions should be varied where the claim is based on a doctor's negligent failure to warn a patient of a small but unavoidable risk of surgery when, following surgery performed with due care and skill, such risk eventuates but it is not shown that, if duly warned, the patient would not have undergone surgery with the same small but unavoidable risk of mishap. is it relevant to the outcome of the claim to decide whether, duly warned, the patient probably would or probably would not have consented to undergo the surgery in question? 2. i am indebted to my noble and learned friend lord hope of craighead for his detailed account of the facts and the history of these proceedings, which i need not repeat. 3. for some six years beginning in 1988 the claimant, miss chester, suffered repeated episodes of low back pain. she was conservatively treated by dr wright, a consultant rheumatologist, who administered epidural and sclerosant injections. an mri scan in 1992 showed evidence of disc protrusions. in 1994, on the eve of a professional trip abroad, miss chester suffered another episode of pain and disability: she could "hardly walk", and had reduced control of her bladder. dr wright gave another epidural injection, and miss chester was able to make the trip, using a wheelchair at heathrow. but after the trip the pain returned. a further mri scan .....

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May 06 2004 (FN)

Kerr (Ap) (Respondent) Vs. Department for Social Development (Appellan ...

Court : House of Lords

Decided on : May-06-2004

lord steyn my lords, 1. i have read the opinion of my noble and learned friend baroness hale of richmond. i agree with it. i would also dismiss the appeal. lord hope of craighead my lords, 2. i have had the advantage of reading in draft the speech of my noble and learned friend lady hale of richmond. i agree with it, and for all the reasons which she has given i too would dismiss the appeal. 3. as the appeal was brought to resolve issues about burden of proof on which the court of appeal in northern ireland were not unanimous and because i do not wholly agree with my noble and learned friend lord scott of foscote's analysis of it, i should like to add a few brief observations of my own about the system which has given rise to this case and the inquiry that has to be undertaken to give effect to it. the system 4. regulation 6 of the social fund (maternity and funeral expenses) (general) regulations (northern ireland) 1987, as amended, sets out in elaborate detail the circumstances in which a funeral payment may be made under section 134(1)(a) of the social security contributions and benefits (northern ireland) act 1992 ("the benefits act") to meet the funeral expenses for which the claimant or his partner has accepted responsibility. the system which applies in northern ireland is in all relevant respects the same as that which enables payments to be made under section 138(1)(a) of the social security contributions and benefits act 1992 for funeral expenses in great britain. .....

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