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Wind Turbines Patent Obvious and Invalid Court of Appeal Rules

Patents provide protection and encouragement to inventiveness and novelty, not to obvious developments of others’ ideas. The Court of Appeal made that point in finding invalid a patent in respect of wind turbine arrays. A company had patented a method of operating pitch-controlled wind turbines so as to gradually reduce rotor speeds in high winds in a manner...

Litigation Deadlines Are Not Guidelines – Miss Them At Your Peril!

The courts give top priority to the efficient and cost effective conduct of litigation and failure to comply with case management directions can have dire consequences. In one case that underlined the point, a company’s £350,000 professional negligence claim against insurance brokers was effectively stymied. The company engaged the brokers to arrange...

Nightclub Owner Threatened with Jail for Breaching Music Copyrights

Owners of shops, restaurants, pubs and night spots where recorded music is played to the public tend to place payment of copyright licence fees pretty low down their list of priorities. However, in one case that proved how very unwise that is, a nightclub owner was threatened with jail and hit hard in the pocket. The owner had been the subject of an...

Bar Owner Pays Price for Failing to Pay Music Copyright Licence Fees

Everyone in the hospitality industry should know that playing copyright musical works in public requires payment of licence fees, but few may be aware of the potentially dire consequences of failing to do so. In one case, a defiant bar owner was ordered to pay more than £60,000 in compensation and legal costs. The man was the licensee of two venues where music...

Commercial Litigation Funding Is Not for the Faint-Hearted!

Third party commercial funding is a feature of modern litigation and, if it did not exist, many would be unable to afford access to justice. However, the risks involved are not for the faint-hearted, as a Court of Appeal decision has strikingly underlined. A number of individuals and corporations had provided £31.75 million in funding to support a company’s...

Audio Equipment Manufacturer in Cross-Border Trade Marks Tussle

Cross-border intellectual property disputes can raise tricky jurisdictional issues and such difficulties were put into high relief by the case of a British audio equipment manufacturer that accused a Spanish company of violating its UK trade marks. The manufacturer launched proceedings in England, alleging that its Spanish rival had infringed its UK trade marks...