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Opinion of the Advocate General in Teva v Gilead SPC case25 April 2018On 25 April 2018, Advocate General Wathelet gave his opinion in Teva and others v Gilead Case C-121/17, referred to the CJEU by Arnold J last year. This important case, in which the CJEU sat, unusually, in a Grand Chamber, considered again the interpretation of Article 3(a) of the Supplementary Protection Certificate Regulation and the conditions for […]
Community Plant Variety Office: Pixley Berries (Juice) Limited v Lucozade Ribena Suntory Limited26 March 2018Andrew Lykiardopoulos QC appeared on behalf of Lucozade Ribena Suntory before the Community Plant Variety Office in its successful resistance of Pixley Berries’ application for a compulsory licence in respect of the blackcurrant plant variety ‘Ben Starav’ used in Ribena. It is the first time an application for a compulsory licence has been made under Article […]
Illumina Inc v Premaitha Health PLC [2018] EWHC 615 (Pat)19 March 2018Michael Tappin QC, along with Joe Delaney from 3 New Square, appeared for TDL Genetics, The Doctors Laboratory and Ariosa Diagnostics in this application by the two respective sets of Defendants to strike out the Claimants’ claim, or alternatively for summary judgment against the First Claimant. The Defendants argued that the bringing of the claim […]
Glencairn v Dartington Crystal [2018] EWHC 769 (Pat)16 March 2018James Abrahams QC appeared for the Claimants in this application for an interim injunction. The Claimants are the proprietor/ exclusive licensee of a registered design for a drinking glass and applied for an interim injunction against the Defendant, a manufacturer of glass wear. The Defendant had applied to revoke the registered design and for a declaration […]
Frank Industries v Nike [2018] EWCA Civ 49713 March 2018James Abrahams QC appeared for Nike in this appeal against an interim injunction granted by His Honour Judge Hacon. The substantive action relates to Nike’s “Nothing beats a Londoner” campaign, during the course of which Nike used the sign ‘LDNR’, for which the Claimant has registered UK and EU trade marks. HH Judge Hacon granted an […]