Join Douglas Campbell, QC of 3 New Square who will be discussing the 'Icescape' case during this 1 hour CPD webinar.
Details of the case include;
- First IP trial in the Shorter Trial Scheme to reach the Court of Appeal – a threats action with counterclaim for infringement
- First in-depth discussion by the Court of Appeal of the change to the law of infringement made by the Supreme Court in Actavis v Eli Lilly
- Purposive construction is now “but the first stage in the determination of the scope of protection conferred” by patent claims
- First example of a party losing on purposive construction but winning on doctrine of equivalents – even though Improver was not argued at all at first instance
- First practical guidance as to how the doctrine of equivalents is to be applied
- Court of Appeal rejects attempt to rely on contents of the EPO prosecution file in relation to doctrine of equivalents
- Patent invalid since it was not entitled to priority - common general knowledge cannot be relied upon to add to contents of priority document
- Patentee’s defence that it did not know, or have reason, to suspect that its patent was invalid was rejected
- Hence the threats could not be justified and the appeal was dismissed.
Douglas is one of the few silks specialising in both hard and soft IP. His recent cases in the Court of Appeal include Icescape v Ice-World (patent: leading CA case on infringement under the doctrine of equivalents), AP Racing v Alcon Components (patent), Frank v Nike (trade mark, upholding interim injunction granted in IPEC), London Taxis v Metrocab (shape trade mark), Comic v Twentieth Century Fox (“Glee” trade mark). Comic settled on the eve of the hearing in the Supreme Court in November 2017. His international experience includes numerous appearances in the European Patent Office (EPO), and in the Supreme Court of Bermuda (a trade mark case in 2017).
Douglas is a Deputy High Court Judge (appointed February 2015), Civil Recorder (appointed October 2010), and a Crime Recorder (appointed December 2014). He was a member of the Attorney General’s Panel of Junior Counsel to the Crown from 2010-2015 and acted for and/or advised many Government departments including the UK Intellectual Property Office (UKIPO), the Ministry of Justice, the Home Office, HMRC, the Treasury, and the Cabinet Office. He has acted as an expert witness on UK intellectual property law in US District Court proceedings in the Southern District of New York.
He is an in-demand speaker at major national and international IP conferences. For instance at the 6th Annual UP & UPC Conference which was held at the EPO in Munich in July 2018 he presented a paper on the impact of Brexit on the UPC, and he also argued the mock trial which was held under UPC rules.