Bayerische Motoren Werken AG (BMW) v Round and Metal Ltd (2012)21 July 2012Although the principle issue in the case concerned the application of the must match defence issues of passing off and trade mark infringement arose in relation to the manner in which the Defendants advertised the wheels offered by them as spare parts for BMW vehicles.
Generics (UK) Ltd v Yeda Research & Development Co Ltd [2012] EWHC 1848 (Pat)11 July 2012On 11 July 2012 Mr Justice Arnold gave judgment in Mylan v Yeda & Teva, a case concerning the validity and infringement of a patent concerning glatiramer acetate (sold as Copaxone for the treatment of multiple sclerosis). The case raised a large number of issues including both classic and Agrevo-type obviousness, various grounds of insufficiency, […]
HTC v Apple [2012] EWHC 1789 (Pat)4 July 2012On 4 July 2012, Mr Justice Floyd handed down judgment in HTC v Apple [2012] EWHC 1789 (Pat). This was a major patents action, concerning 4 Apple patents which relate to the way in which smartphones operate, including the famous "slide to unlock" patent. HTC were represented by a team of barristers from 8 New […]
Linguascope -and- Promethean Limited28 June 2012Robert Onslow and Jessie Bowhill were recently on opposing sides before the Intellectual Property Office in invalidity proceedings involving word marks with a common prefix. The hearing officer held that although the cited marks formed a "family" of marks with a common prefix and differing suffixes, the descriptive nature of the prefixes meant that the […]
Football Dataco Ltd v Sportradar GmbH Case C-173/1121 June 2012Sui generis database rate. Reference to the CJEU concerning where an internet transmission of infringing data occurs.