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Recent cases

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 […]
Teva, Accord, Lupin, Generics (UK) t/a Mylan v Gilead [2017] EWHC 13 (Pat)13 January 2017Daniel Alexander QC and Lindsay Lane appeared for one claimant (Teva), Daniel Alexander QC and Jaani Riordan appeared for another claimant (Lupin), and James Whyte appeared for the defendant (Gilead), in these actions concerning Gilead’s Supplementary Protection Certificate (SPC) for an anti-retroviral drug combining tenofovir disoproxil and emtricibatine (marketed by Gilead as ‘Truvada’). The claimants […]
Fujifilm v Abbvie [2017] EWCA Civ 112 January 2017Mark Chacksfield appeared on behalf of the Appellants Abbvie Biotechnology Limited (“Abbvie Bermuda”) and Abbvie Limited (“Abbvie UK” – together, “Abbvie”) in two linked appeals concerning FKB’s claims for declaratory relief in relation to its biosimilar products for the drug adalimumab (marketed by Abbvie as “Humira”). In related actions (“FKB1” and “FKB2”) FKB had sought […]
Fujifilm v AbbVie [2016] EWHC 3383 (Ch)29 December 2016Michael Tappin QC and Mark Chacksfield appeared on behalf of the Defendants, (together, “AbbVie”) in AbbVie’s application to strike out two linked actions brought on behalf of the Claimants, “FKB”, “SB” and “Biogen”. FKB/SB/Biogen sought declarations to the effect that biosimilar products for the antibody adalimumab (marketed by AbbVie as “Humira”) were obvious and/or anticipated […]
Novartis AG v (1) Focus (2) Actavis [2016] EWCA Civ 129521 December 2016Daniel Alexander QC and Henry Ward successfully represented the respondents, Focus and Actavis, in the first of two linked appeals concerning Novartis’ patent for a transdermal patch to deliver the drug Rivastigmine. Daniel Alexander QC and Mark Chacksfield represented the respondent, Teva, in the second appeal, on which the parties reached a settlement before the […]
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 […]