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Recent cases

VPG Systems UK Limited v Air Weight Europe Limited [2015] EWHC 1862 (IPEC)1 July 2015On 1 July 2015 his Honour Judge Hacon handed down judgment in VPG Systems UK v Air-Weigh Europe [2015] EWHC 1862 in the Intellectual Property Enterprise Court. The action concerned alleged infringement of VPG’s patent for a type of on-board vehicle weighing system which uses an accelerometer or inclinometer to measure the change in angle […]
The Sofa Workshop Ltd v Sofaworks Ltd [2015] EWHC 1773 (IPEC) (29 June 2015)29 June 2015John Baldwin QC and Fiona Clark appeared for Sofaworks Limited, the Defendant, in this community trade mark infringement and passing off claim brought by The Sofa Workshop Limited  concerning two word CTMs for ‘SOFA WORKSHOP’. Sofaworks counterclaimed for revocation for non-use and invalidity. HHJ Hacon held that both CTMs were invalidly registered and liable for revocation […]
Actavis UK Ltd & Ors v Eli Lilly & Company [2015] EWCA Civ 555 (25 June 2015)25 June 2015Richard Meade QC and Isabel Jamal represented the Respondents/Claimants, Actavis, in this declaration of non-infringement (‘DNI’) appeal relating to a patent held by the Appellant/Defendant, Eli Lilly. The Patent concerned the use of pemetrexed disodium in the manufacture of a medicament for use in combination therapy. Actavis sought to use other pemetrexed salts (‘the active […]
Hospira UK Limited v Genentech Inc [2015] EWHC 1796 (Pat)24 June 2015Members of chambers recently appeared in this third of a series of actions brought by Hospira in relation to Genentech’s patents in respect of trastuzumab, marketed by Genentech under the trade mark Herceptin. This action concerned Genentech’s patent claiming the use of trastuzumab in combination with a taxane for the treatment of HER2-positive breast cancer, […]
Smith & Nephew Plc v Convatec Technologies Inc [2015] EWCA Civ 607 (24 June 2015)24 June 2015James Mellor QC and Charlotte May QC appeared for the Respondent/Appellant and Third Parties, ‘Smith & Nephew’, in this appeal which related to the construction of the words ‘between 1% and 25%’ as contained in the claim of a patent owned by the Appellant, ‘Convatec’. The patent concerns a process of silverisation of gel-forming fibres […]
AstraZeneca AB & Anor v KRKA dd Novo Mesto & Anor [2015] EWCA Civ 48421 May 2015This appeal related to an order for the payment of over £27 million pursuant to a cross-undertaking in damages made as a condition for grant of an interim injunction in respect of a generic formulation of the drug esomeprazole. The Court of Appeal dismissed the appeal, confirming the largest award ever made by the Patents […]
Alfrank Designs Ltd v Exclusive (UK) Ltd & Anor [2015] EWHC 1372 (IPEC)18 May 2015Isabel Jamal represented the First Defendant (‘Exclusive’) as sole counsel in this inquiry as to damages held in the IPEC. It concerned EU and UK unregistered designs in marble tables. The Claimant claimed that, for each sale of an infringing marble table by Exclusive to a retailer, the Claimant would have made a sale of […]
Novartis AG & Ors v Focus Pharmaceuticals Ltd & Ors [2015] EWHC 1068 (Pat) (27 April 2015)27 April 2015This was the trial of a patent infringement claim, brought by Novartis, over a patent directed at the drug rivastigmine for use in a method of treating alzheimer’s disease through administration via a transdermal therapeutic system, in particular a transdermal patch. Daniel Alexander QC appeared for the Defendants “Focus”, “Actavis” and “Teva”, along with Henry […]
(1) Roger Maier (2) Assos of Switzerland SA -and- (1) ASOS plc (2) ASOS.com Limited [2015] EWCA Civ 2201 April 2015Court of Appeal hands down judgment in Assos v ASOS [2015] EWCA Civ 220. Judgment available here
Everseal Stationery Products Ltd -and- Document Management Solutions1 April 2015His Honour Judge Hacon has handed down judgment in the Intellectual Property Enterprise Court in the patent case Everseal Stationery Products v Document Management Solutions.  The case concerned a patent for self-seal mailers that had previously been considered by His Honour Judge Birss QC in two previous judgments, dealing with ownership of the patent and […]