Patent Law Update

Howard Building
Author TheWub Licence CC BY-SA 3.0 Source Wikimedia Commons

 









Jane Lambert

Except for 2020 when the Informa IP Law Simmer School took place online and 2021 when it was held in December, I have chaired the session on patent law and delivered a talk on FRAND at the Howard Building in Downing College Cambridge for the last 5 years.  I shall do so again this year between the 7 and 11 Aug 2023.  There is an excellent programme of talks from distinguished speakers.  Attendees are housed in college and fun social events are arranged every night.  Anyone wishing to attend the course can book here.

A lot has happened in my topic since last year.   There has been Mr Justice Mellor's judgment in IInterdigital Technology Corp and others v Lenovo Group Ltd and others [2023] EWHC 539 (Pat) on 16 March 2023.  That was the second time that an English court had been called upon to determine what terms were fair, reasonable and non-discriminatory ("FRAND") in a licence between holders of patents that are essential for compliance with a technical standard ("standard essential patent" or "SEPs") and those wishing to use those patents to comply with the standard ("implementers"). There has also been the appeal in Interdigital Technology Corporation and others v Lenovo Group Ltd and others [2023] EWCA Civ 34 (19 Jan 2023) and several technical trials. The European Commission proposed a regulation on SEPs on 27 April 2023 (see the Proposal for a Regulation of the European Parliament and Council on standard essential patents and amending Regulation (EU)2017/1001.  The IPO also launched a questionnaire for SME, small-cap and mid-cap businesses on SEPs in March 2023.

FRAND is not the only topic on which there have been important developments over the last 12 months  Other speakers in Cambridge will no doubt discuss them.  I shall also give talks on recent developments in patent law at chambers on 18 Sept 2023 and at our annexe at 2 Snow Hill in Birmingham on 25 Sept 2023.  If those talks are a success I shall repeat them in Manchester, Leeds, Bristol and Cardiff later in the year.

My patent law update will cover everything that I shall discuss in Cambridge plus Sandoz Ltd v Bristol-Myers Squibb Holdings Ireland Unlimited Company [2023] EWCA Civ 472 and Sandoz Ltd and another v Bristol-Myers Squibb Holdings Ireland (Unlimited) Company [2022] EWHC 822 (Pat) (7 April 2022) on plausibility, Daniel Alexander KC's decision in Oxford University Innovation Ltd v Oxford Nanoimaging Ltd [2022] EWHC 3200 (Pat) (23 Dec 2022) that the Unfair Terms in Consumer Contracts Regulations apply to contracts between universities and their research students, Price and others v Flitcraft Ltd and others [2022] EWHC 3381 (Pat) (20 Dec 2022) the first patent trial in Manchester since the merger of the Palatinate Court with the Chancery Division, the launch of the Unified Patent Court and many other topics.

Both the London and Birmingham talks will be free.  Attendees will receive a full pack of course materials with links to relevant legislation, cases and online articles.   There will be opportunities for networking over refreshments during registration, a half-tome tea break and at the end of the course,   I shall be sending out invitations by email and over social media over the next few months.

Anyone wishing to learn more about Cambridge or my Patent Law Updasate talks in London and Birmingham should call me on 020 7404 5252 during office hours or send me a message through my contact form.

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