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Recent cases

Unwired Planet International Ltd v Huawei Technologies Co Ltd [2017] EWHC 1304 (Pat)8 June 2017Adrian Speck QC, Isabel Jamal and Thomas Jones appeared for the claimant, Unwired Planet, and Andrew Lykiardopoulos QC appeared for the defendant, Huawei, in this hearing which considered remedies, in particular the appropriate form of a “FRAND injunction”, following the Court’s earlier ruling ([2017] EWHC 711 (Pat)) on the terms of a FRAND licence. Among […]
Synthon v Teva [2017] EWCA Civ 14822 May 2017Andrew Lykiardopoulos QC represented the Appellant, Synthon, in its appeal concerning Teva’s patent for glatiramer acetate (marketed as “Copaxone”). The Patent related to a method of making glatiramer acetate with limited levels bromine and free metal impurities. Synthon had challenged the validity of the patent on grounds of lack of novelty, obviousness and insufficiency. At […]
Varian Medical Systems International AG v Elekta [2017] EWHC 712 (Pat)18 May 2017James Abrahams QC and James Whyte successfully represented the Defendants (Elekta) in Varian’s claim for infringement of its patent for a combined MRI and radiotherapy device. Elekta denied that its combined MRI and radiotherapy machine infringed the Patent, and further claimed that the Patent was invalid for insufficiency, obviousness and added matter. The judge held […]
Teva UK Ltd v Merck Sharp & Dohme Corp [2017] EWHC 539 (Pat)17 May 2017Charlotte May QC and Lindsay Lane represented the first claimant (“Teva”) in its successful challenge of the defendant’s (“Merck”) supplementary protection certificate (SPC) for an anti-viral drug marketed as Atripla.   The SPC covered a combination of the active ingredient efavirenz together with emtricitabine and tenofovir. The Court agreed with Teva’s case that the SPC […]
Glaxo Wellcome UK Ltd v Sandoz Ltd [2017] EWCA Civ 33510 May 2017This appeal is in a large scale action for Trade Mark infringement and passing off brought by Glaxo against Sandoz in relation to respiratory inhalers. The UK action forms part of a series of international disputes concerning these pharmaceutical products. Glaxo owns an EU colour per se trade mark which is visually represented by a […]
Unwired Planet International Ltd v Huawei Technologies Co. Ltd [2017] EWHC 711 (Pat)4 May 2017Adrian Speck QC, Isabel Jamal and Tom Jones appeared for the Claimant, Unwired Planet, and Andrew Lykiardopoulos QC appeared for the Defendant, Huawei, in a landmark action concerning the nature of a patent holder’s obligations to license Standard Essential Patents (SEPs) on Fair, Reasonable and Non-Discriminatory (FRAND) terms.   In a much-anticipated judgment, Birss J […]
Glaxo Wellcome UK Limited v Sandoz Limited [2017] EWCA Civ 2276 April 2017Martin Howe QC and Iona Berkeley represented the Respondents, “Sandoz”, in Glaxo’s Appeal against the decision of HHJ Hacon refusing permission to join two additional defendants to its claim for passing off. Glaxo alleged passing off on the basis that Sandoz had marketed asthma inhalers similar to Glaxo’s ‘Seratide’ inhalers in the UK. Glaxo had […]
Fujifilm v Abbvie [2017] EWHC 395 (Pat)28 March 2017Michael Tappin QC, Andrew Lykiardopoulos QC and Mark Chacksfield appeared for the Defendant (“AbbVie”) in this action concerning certain of AbbVie’s patents and applications for the anti-inflammatory drug adalimumab (marketed by AbbVie as “Humira”). The Claimants (“FKB” and “SB/Biogen”) sought declarations (the “Declarations”) to the effect that use of their biosimilar adalimumab products in certain […]
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 […]