Unilever plc and others v Shanks [2010] EWCA Civ 1283

The Court of Appeal has held that the provisions of section 41(2) of the Patents Act 1977, relating to employee-inventor compensation when the invention has been assigned to a person/company connected with the employer, have to be looked at in relation to the actual benefits from the invention gained by that assignee.

The court overruled the decision of the High Court that held that the value of the benefit should be assessed on the basis of a hypothetical transfer to a non-connected, arm's-length person/company operating in the appropriate market at the appropriate time.

For the full text of the decision, click here.

Bayer Cropscience KK v Charles River Laboratories, Scottish Court of Session

The Scottish Court of Session has ruled that where a product had been imported, tested and authorisation had been obtained in an infringing manner before the patent had expired, a patentee is entitled to an account of profits made on authorised products sold after the patent has expired.

For the full text of the decision, click here.