IPKat: Latest posts by Darren Smyth
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February 13, 2012
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Partner Darren Smyth has made his second and third posts since joining the IPKat as a guest blogger.
What is obvious - the route or the destination? is about the approach taken by patent offices to the analysis of inventive step in the case of a product claim defined structurally.
No self-incrimination privilege for phone hacking relates to proceedings in the Leveson Inquiry into phone hacking at the News of the World.
Recent Case Reports
Bringing enforcement proceedings while an appeal is still pending risks liability for defendant’s costs
24 September 2026
The Court of Appeal held that setting aside a first-instance decision granting relief subject to recurring penalties generally has retroactive effect. Any penalty fees already paid will be refunded by the Court. The value of proceedings is determined by the interest of the party that brought the action. This is not changed as a result of an appeal. A claimant bringing enforcement proceedings while an appeal is still pending does so at its own risk and may be liable for the defendant’s costs related to the enforcement proceedings.
Preliminary objection on jurisdiction partially successful – UPC clarifies requirements of anchor-defendant jurisdiction for non-UPC territories
25 June 2026
The Hamburg Local Division let Nixu pursue US-based Infoblox in the UPC for Germany, France and Finland, but threw out the UK claim. To reach a non-UPC territory through an anchor defendant, a claimant must plead joint infringement there.