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02 December 2010
Issue: 7444 / Categories: Case law , Law digest
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Patent

Lykiardopulo v Lykiardopulo [2010] EWCA Civ 1315, [2010] All ER (D) 225 (Nov)

The words “the employer” in s 41(2) of the Patents Act 1977 went back to the words “an employer” in the opening words of that section. In the opening words, it meant the actual employer—the legal entity which was the real assignor. The statute required consideration of the actual assignment from the actual employer to the actual connected person.

The words “benefit derived or expected to be derived” in s 41(2) was deemed to be the amount the employer could reasonably be expected to have derived if the assignee had not been connected, knowing what benefit had in fact been obtained by the assignee. On the true construction of s 41(2), the words “that person” meant the actual assignee with its actual attributes.
 

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

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A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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