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Recent cases

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 […]
Optis v Apple [2021] EWHC 2564 (Pat)27 September 2021Isabel Jamal and Jennifer Dixon appeared for the Claimants (“Optis”), with Isabel as the lead advocate on the FRAND parts of the case and Sarah Ford QC as the lead advocate on the competition law parts of the case, in a trial determining whether or not the Defendants (“Apple”) were entitled to rely on Optis’ […]
Advanced Bionics v Med-El Elektromedizinische Gerate31 August 2021Andrew Lykiardopoulos QC led the counsel team for the claimants, Advanced Bionics, in this successful application for expedition of a patent trial.  The patent, held by the defendant, Med-El, is entitled ‘MRI-Safe Disk Magnet for Implants’ and has particular application for cochlear implants.  Advanced Bionics seeks to invalidate the patent and/or to establish that Advanced […]
FibroGen and Astellas Pharma v Akebia and Otsuka24 August 2021Michael Conway acted on the counsel team for Astellas, one of the appellants in this appeal against the judgment of Lord Justice Arnold in [2020] EWHC 866 (Pat) concerning six patents in two families (referred to as Family A and Family B). The Patents claimed the use of compounds with broadly defined structural features that […]
Liverpool Gin Distillery and Halewood v Sazerac5 August 2021Daniel Alexander QC and Maxwell Keay acted for the respondents, Sazerac, in this unsuccessful appeal against a finding that the appellant, Halewood, had infringed Sazerac’s trade marks.  Sazerac owns two trade marks consisting of the words EAGLE RARE in respect of whisky in class 33.  Halewood had launched a Tennessee straight bourbon whiskey under the […]
Dr Reddy’s Laboratories, Actavis et al v Warner-Lambert & Pfizer30 July 2021This was a trial of preliminary issues in a combined action of claims by numerous parties for compensation following from the pregabalin/Lyrica litigation which culminated in the Supreme Court judgment Warner-Lamber v Generics (UK) Ltd (t/a Mylan) [2018] UKSC 56.  Andrew Lykiardopoulos QC acted for Actavis and Teva, two of the claimants, and Charlotte May […]
InterDigital v Lenovo29 July 2021Maxwell Keay acted in the counsel team for the claimants, Interdigital, in this patent trial.  This technical trial was the first in a series of trials concerning five patents in the field of 3G and 4G telecommunications, with further technical trials and a FRAND trial due to follow.  This trial concerned European Patent (UK) No […]
Promptu Systems v Sky19 July 2021Lindsay Lane QC and Maxwell Keay acted for the defendants, Sky, in this patent action.  The subject matter of the patent in issue was a system and method of voice recognition in the context of cable television and/or video delivery.  The Claimant, Promptu Systems, alleged infringement in relation to Sky’s “Sky Q” subscription television service. […]