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Recent cases

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 […]
FAPL v Luxton [2016] EWCA Civ 10979 November 2016Martin Howe QC appeared for the appellant (defendant) and Lindsay Lane, led by Helen Davies QC, appeared for the respondent (claimant) in this appeal against the grant of summary judgment for copyright infringement against a publican who had shown Premier League football matches in his pub using a satellite decoder card imported from another EU […]
Idenix v Gilead Sciences [2016] EWCA Civ 10898 November 2016Andrew Lykiardopoulos QC, Tom Moody-Stuart QC and William Duncan acted for the respondents, Gilead, alongside Justin Turner QC, in this appeal concerning Idenix’ patent for anti-viral nucleoside analogues for use in treating Hepatitis C virus infection. At first instance, the judge (Arnold J) had found the patent invalid for AgrEvo-type obviousness and insufficiency (both classical […]
Napp v Dr Reddy’s and Sandoz Ltd [2016] EWCA Civ 10531 November 2016James Abrahams QC and Henry Ward represented the Appellant, Napp, in this appeal concerning Napp’s patent for a transdermal patch for delivery of the analgesic drug buprenorphine. At first instance the judge had held that the patches produced by the Defendants, Dr Reddy’s and Sandoz, did not infringe Napp’s patent because they used patches with […]
Thoratec v Aachen Innovative Solutions [2016] EWHC 2637 (Pat)26 October 2016Daniel Alexander QC appeared for the Claimant, Thoratec, and James Mellor QC for the Defendant, AIS, in this action concerning AIS’s patents for a catheter device involving a magnetic ‘clutch’. Thoratec initially sought to invalidate both patents in their entirety and later sought a declaration of non-infringement by reference to a Product Description. Thoratec claimed […]
Sony v SSH [2016] EWHC 2584 (Pat)16 October 2016Andrew Lykiardopoulos QC and James Abrahams QC appeared for the Claimants and Part 20 Defendants in this action dealing with a patent for network communications. The patent in suit was owned by SSH, and related to the use of ‘keepalive’ packets of data when exchanging information between private and public networks through a Network Address […]
Warner Lambert v Generics Ltd, Actavis, Caduceus (Pregabalin) [2016] EWCA Civ 100613 October 2016The Court of Appeal has handed down Judgment on the Pregabalin matter. Richard Meade QC, Adrian Speck QC and Isabel Jamal were instructed by Powell Gilbert for Actavis.
Actavis v ICOS and Lilly [2016] EWHC 1955 (Pat)10 August 2016Members of chambers appeared in this patent action relating to tadalafil, a generic product for treating erectile dysfunction. Actavis, Actelion, Teva and Generics UK (Mylan) sought to “clear the way” in relation to two patents owned by ICOS Corp and of which Eli Lilly and Company were exclusive licencees. Birss J found that EP (UK) […]
Idenix v Gilead [2014] EWHC 3916 (Pat)19 July 2016Andrew Lykiardopoulos QC, Tom Moody-Stuart and William Duncan all acted for Gilead (together with Justin Turner QC) in these patent infringement proceedings brought by Idenix in respect of Gilead’s product “Sovaldi” . The trial was heard over three weeks before Arnold J in 2014, who dismissed Idenix’s claims of patent infringement and held in favour […]
Glaxo Wellcome UK Ltd (t/a Allen & Hansburys) v Sandoz Ltd (High Court) [2016] EWHC 1537 (Ch)28 June 2016This case concerns an ongoing and large scale action for Trade Mark infringement and passing off brought by Glaxo against Sandoz in relation to asthma inhalers. The UK action forms part of a series of international disputes concerning these pharmaceutical products. Glaxo owns a EUTM colour per se trade mark which is visually represented by […]