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Recent cases

FIL Ltd v Fidelis Underwriting Ltd [2018] EWHC 1097 (Ch)11 May 2018Charlotte May QC appeared for the defendants in this trial relating to trade mark infringement and validity, and passing off. The claimant alleged that the defendants had infringed trade marks containing the word FIDELITY, registered in respect of financial, insurance and investment services, by their use of the sign FIDELIS for insurance underwriting services. The defendants counterclaimed for […]
Opinion of the Advocate General in Teva v Gilead SPC case25 April 2018On 25 April 2018, Advocate General Wathelet gave his opinion in Teva and others v Gilead Case C-121/17, referred to the CJEU by Arnold J last year. This important case, in which the CJEU sat, unusually, in a Grand Chamber, considered again the interpretation of Article 3(a) of the Supplementary Protection Certificate Regulation and the conditions for […]
Community Plant Variety Office: Pixley Berries (Juice) Limited v Lucozade Ribena Suntory Limited26 March 2018Andrew Lykiardopoulos QC appeared on behalf of Lucozade Ribena Suntory before the Community Plant Variety Office in its successful resistance of Pixley Berries’ application for a compulsory licence in respect of the blackcurrant plant variety ‘Ben Starav’ used in Ribena. It is the first time an application for a compulsory licence has been made under Article […]
Illumina Inc v Premaitha Health PLC [2018] EWHC 615 (Pat)19 March 2018Michael Tappin QC, along with Joe Delaney from 3 New Square, appeared for TDL Genetics, The Doctors Laboratory and Ariosa Diagnostics in this application by the two respective sets of Defendants to strike out the Claimants’ claim, or alternatively for summary judgment against the First Claimant. The Defendants argued that the bringing of the claim […]
Glencairn v Dartington Crystal [2018] EWHC 769 (Pat)16 March 2018James Abrahams QC appeared for the Claimants in this application for an interim injunction. The Claimants are the proprietor/ exclusive licensee of a registered design for a drinking glass and applied for an interim injunction against the Defendant, a manufacturer of glass wear. The Defendant had applied to revoke the registered design and for a declaration […]
Frank Industries v Nike [2018] EWCA Civ 49713 March 2018James Abrahams QC appeared for Nike in this appeal against an interim injunction granted by His Honour Judge Hacon. The substantive action relates to Nike’s “Nothing beats a Londoner” campaign, during the course of which Nike used the sign ‘LDNR’, for which the Claimant has registered UK and EU trade marks. HH Judge Hacon granted an […]
Actavis v ICOS & Eli Lilly [2017] EWHC 2880 (Pat)15 February 2018Adrian Speck QC and Tom Jones appeared for Actavis, Teva and Mylan in this application by Lilly and Icos (“Lilly”) for an interim injunction to prevent the launch of generic 2.5 and 5mg tadalafil pending a petition by Lilly to the Supreme Court for permission to appeal. At first instance, Lilly’s patent for a dosing regime concerning the […]
Cantel Medical (UK) v ARC Medical Design [2018] EWHC 345 (Pat)26 January 2018Daniel Alexander QC appeared with Henry Ward for the Defendant, Arc Medical. Cantel sued Arc for a declaration of non- infringement and/ or revocation of Arc’s patents for endoscope caps which increase the detection of polyps/ adenomas. Arc applied to amend its patent and counterclaimed for infringement of its Community Registered and UK unregistered design rights. His Honour […]
Hospira v Cubist Pharmaceuticals [2018] EWCA Civ 1218 January 2018Richard Meade QC and Isabel Jamal appeared for the Respondent, Hospira, in this appeal against the revocation of Cubist’s patent at first instance. The patent concerned a method of purification for the antibiotic daptomycin. The Judge had found that the patent was obvious in light of the teaching of a piece of prior art which […]
W3 v easyGroup [2018] EWHC 7 (Ch)12 January 2018Tom Moody-Stuart QC and Jessie Bowhill were instructed in this complex trade mark dispute concerning the EASY marks which culminated in a two week High Court trial in front of Arnold J. The case involved complex issues arising out of an extensive period of concurrent trading by the parties, including the relevant date for assessment of infringement claims, […]