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Recent cases

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 […]
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.