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Eli Lilly & Co v Human Genome Sciences Inc [2011] UKSC 512 November 2011Michael Tappin QC acted for Human Genome Sciences before the Supreme Court and the Court of Appeal in its litigation against Eli Lilly concerning HGS’ patent relating to Neutrokine-α (and antibodies thereto). Kitchin J had held the patent invalid for lack of industrial applicability. The Court of Appeal ([2010] EWCA Civ 33) upheld the judgment […]
Plentyoffish Media Inc v. Plenty More LLP [2012] RPC 511 October 2011Appeal to the High Court in invalidation proceedings under s 47 of the Trade Marks Act 1994. The Opponent asserted goodwill based upon visitors to a website situation abroad. The issue was whether any UK goodwill had been generated which could be relied upon as an earlier mark. Appeal dismissed and decision of the hearing […]
K-2 Corporation v K2 Performance Systems (Uk) Ltd (IPO) (See O-341-11) (5th October 2011)5 October 2011Trade Mark Registry Opposition. K2 Performance Systems applied for a trade mark for the stylised word and device mark ‘planet K2’ in relation to management consultancy. The Application was opposed by K2 corporation, owner of the work mark ‘K2’ for business management services. It was held that although the services in issue were identical the […]
FAPL v QC Leisure/Murphy v Media Protection Services Joined Cases C-403/08 & C-429/084 October 2011In this landmark case on cross border broadcasting which was decided by the ECJ Grand Chamber, James Mellor QC and Charlotte May acted for the claimants in the civil case and for the prosecutor MPS in the criminal case. Martin Howe QC acted for the defendants in the civil case and for Mrs Murphy in […]
Generics (UK) Ltd (trading as Mylan) v Novartis AG30 September 2011Daniel Alexander QC and Henry Ward acted for Generics (UK) Limited in a claim for revocation of an SPC (and associated patent) in relation to the active ingredient of the Alzheimer’s drug rivastigmine. The patent was to the enantiomer of a previously disclosed compound, RA7. Novartis alleged that the skilled man would have perceived there […]