Recent cases

Tehrani v Hamilton Bonaduz AG & Ors [2021] EWHC 3457 (IPEC)22 December 2021Henry Ward successfully appeared for the defendants (“Hamilton”) in proceedings brought by Professor Tehrani for the infringement of her patent relating to the method and apparatus for controlling a ventilator.  Hamilton counterclaimed for revocation of the patent on the grounds of lack of novelty, lack of inventive step and insufficiency. The patent related to the […]
easyGroup Ltd v Beauty Perfectionists Ltd & Ors [2021] EWHC 3385 (Ch)17 December 2021James Abrahams QC represented the defendants in an application to strike out easyGroup Limited’s claim for pan-EU injunctive relief and other remedies outside the UK for infringement of an EU trade mark. easyGroup issued proceedings against the defendants on 5 March 2020, prior to “IP Completion Day” when the UK left the European Union on […]
Illumina Cambridge Ltd v Latvia MGI Tech SIA & Ors [2021] EWCA Civ 192417 December 2021Isabel Jamal appeared as junior counsel for the defendants (“MGI”) in part of an appeal of the order of Birss J (as he then was) declaring that four patents owned by the claimants (“Illumina”) were, as amended, valid and infringed by MGI. The patents described and claimed inventions in the field of DNA sequencing, specifically […]
Recent case law addressing claims of confidentiality in FRAND and other disputes15 December 2021Several members of chambers have been involved in cases developing the jurisprudence relating to confidentiality regimes in FRAND disputes[1]. So-called “FRAND” cases concern alleged infringement of patents relating to technology said to be essential to an industry standard (“SEP”).  SEPs are declared to a Standards Setting Organisation (e.g. ETSI for telecommunications), and often the proprietor […]
HRH Duchess of Sussex v Associated Newspapers Ltd [2021] EWCA Civ 18102 December 2021Jessie Bowhill appeared as junior IP counsel for Meghan Markle, the Duchess of Sussex, and Adrian Speck QC and Isabel Jamal appeared as IP counsel for Associated Newspapers in the appeal by Associated Newspapers of the judgment of Warby J granting the Duchess summary judgment. The proceedings concern the publication by the Mail on Sunday […]
Michael Penhallurick v MD5 Ltd [2021] EWCA Civ 17702 December 2021Michael Conway appeared for the Defendant (“MD5”), successfully opposing an appeal of the judgment of Hacon HHJ finding that MD5 was the proprietor of the literary copyrights subsisting in software. The software, which was marketed by MD5 as “VFC” (Virtual Forensic Computing) was written by Mr Penhallurick, a former MD5 employee.  It allowed agencies, such […]
Optis v Apple [2021] EWCA Civ 161910 November 2021Mark Chacksfield QC, Tom Jones and Henry Edwards appeared for the claimants/respondents (“Optis”) in an appeal brought by the defendants (“Apple”) against the judgment of Birss J in which he found one of Optis’ patents to be valid, essential and infringed by Apple through dealings in their iPhones and iPads. In the appeal, Apple argued […]
Optis v Apple [2021] EWHC 2759 (Pat)11 October 2021Isabel Jamal and Jennifer Dixon appeared for the Claimants (“Optis”) in the consequentials hearing following the judgment of Meade J in Trial F in these proceedings. At Trial F, the judge held that the Defendants (“Apple”) needed to give an undertaking to take the FRAND licence set by the Court at a future trial (“Trial […]
Royalty Pharma Collection Trust v Boehringer Ingelheim GmbH [2021] EWHC 2692 (Pat)8 October 2021Andrew Lykiardopoulos QC appeared with James Segan QC for the Claimant, Royalty Pharma Collection Trust (“Royalty Pharma”), and Adrian Speck QC and James Whyte appeared for the Defendant, Boehringer, in proceedings concerning the payment of royalties in relation to a patent licence agreement. In 2005, Boehringer was granted a non-exclusive licence in relation to patents […]
Waymo LLC v Wayve Technologies Limited4 October 2021This Appointed Person Appeal (from a decision of a Hearing Officer in UK IPO Trade Marks Registry) concerned the Trade Mark Application for the mark “Wayve” to be registered for inter alia “software for self-driving cars or autonomous vehicles” (Class 9) and “arrangement of transport” (Class 39).  Iona Berkeley represented Wayve Technologies Ltd who was […]