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Argos Ltd v Argos Systems Inc [2017] EWHC 231 (Ch)15 February 2017Three members of chambers acted in a substantial trade mark infringement and passing off dispute between the British retailer, Argos Ltd (‘Argos UK’), and an American software company, Argos Systems Inc. The claim concerned the defendant’s use of the sign ARGOS in its domain name www.argos.com and on its website, on which it had placed […]
Wobben Properties GMBH v Siemens PLC & Others19 January 2017James Whyte represented the Respondents (collectively “Siemens”) in this appeal concerning Wobben’s patent for a method of operation of a wind turbine in high winds. At first instance Birss J had found that Wobben’s patent was obvious in light of a prior art research paper “Bossanyi”, which disclosed strategies to mitigate the effects of wind […]
Shanks -v- Unilever18 January 2017In Shanks v Unilever [2017] EWCA Civ 2, the Court of Appeal dismissed Prof Shanks’ second tier appeal against the IPO’s rejection of his multi-million pound claim under s.40(1) of the Patents Act 1977 for inventor’s compensation against his former employer, Unilever, in respect of patents which he claimed to be of ‘outstanding benefit’ to […]
Teva, Accord, Lupin, and Generics UK trading as Mylan v Gilead Sciences Inc.13 January 2017Daniel Alexander QC and Lindsay Lane appeared for one claimant (Teva), Daniel Alexander QC and Jaani Riordan appeared for another claimant (Lupin), and James Whyte appeared for the defendant (Gilead), in these actions concerning Gilead’s Supplementary Protection Certificate (SPC) for an anti-retroviral drug combining tenofovir disoproxil and emtricibatine (marketed by Gilead as ‘Truvada’). The claimants […]
Fujifilm Kyowa Kirin Biologics Co. Limited v Abbvie Biotechnology Limited and Abbvie Limited [2017] EWCA Civ 112 January 2017Mark Chacksfield appeared on behalf of the Appellants Abbvie Biotechnology Limited (“Abbvie Bermuda”) and Abbvie Limited (“Abbvie UK” – together, “Abbvie”) in two linked appeals concerning FKB’s claims for declaratory relief in relation to its biosimilar products for the drug adalimumab (marketed by Abbvie as “Humira”). In related actions (“FKB1” and “FKB2”) FKB had sought […]