Recent cases

Wobben v Siemens [2017] EWCA Civ 519 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 Unilever [2017] EWCA Civ 218 January 2017In Shanks v Unilever, 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 Unilever. The patents were […]
Teva, Accord, Lupin, Generics (UK) t/a Mylan v Gilead [2017] EWHC 13 (Pat)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 v Abbvie [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 […]
Fujifilm v AbbVie [2016] EWHC 3383 (Ch)29 December 2016Michael Tappin QC and Mark Chacksfield appeared on behalf of the Defendants, (together, “AbbVie”) in AbbVie’s application to strike out two linked actions brought on behalf of the Claimants, “FKB”, “SB” and “Biogen”. FKB/SB/Biogen sought declarations to the effect that biosimilar products for the antibody adalimumab (marketed by AbbVie as “Humira”) were obvious and/or anticipated […]
Novartis AG v (1) Focus (2) Actavis [2016] EWCA Civ 129521 December 2016Daniel Alexander QC and Henry Ward successfully represented the respondents, Focus and Actavis, in the first of two linked appeals concerning Novartis’ patent for a transdermal patch to deliver the drug Rivastigmine. Daniel Alexander QC and Mark Chacksfield represented the respondent, Teva, in the second appeal, on which the parties reached a settlement before the […]
Teva v Boehringer Ingelheim [2016] EWCA Civ 129616 December 2016Daniel Alexander QC and Mark Chacksfield appeared for the Respondent, Teva, in Boehringer’s application for permission to appeal a decision that its patent for formulating inhaler capsules for the drug tiotroprium bromide was invalid. The patent concerned the use of hydroxypropyl methyl cellulose (HPMC) to enable a drier formulation of inhaler capsules than that obtainable […]
Action Storage v G-Force Europe [2016] EWHC 3151 (IPEC)7 December 2016Jessie Bowhill won a convincing victory for the claimant in a two day IPEC trial relating to unregistered design rights subsisting in the shape and configuration of plastic lockers. The Judgment is notable for the comments of the Judge concerning future conduct of unregistered design right cases and in particular his recommendation that litigants prepare […]
Hospira v Genentech [2016] EWCA Civ 118530 November 2016Michael Tappin QC and Mark Chacksfield appeared on behalf of the appellant, Genentech, and Richard Meade QC appeared on behalf of Respondent, Hospira, in this appeal against revocation of Genentech’s patent for a method of treating breast cancer. The patent claimed the use of antibodies against the oncogene Erb2 (including the drug known as Herceptin) […]
R (British American Tobacco UK Limited & Ors) v Secretary of State for Health [2016] EWCA Civ 118230 November 2016Martin Howe QC and Jaani Riordan appeared on behalf of the Secretary of State, and Lindsay Lane appeared on behalf of Imperial Tobacco Limited, in four linked appeals from Green J’s dismissal of claims for judicial review of the Standardised Packaging of Tobacco Products Regulations 2015 (‘Regulations‘). The Regulations require the surfaces of cigarette packs […]