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Recent cases

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 […]
ITV v TVCatchup [2015] EWCA Civ 20426 March 2015In a further instalment in the TV Catchup litigation, the Court of Appeal has ordered a second preliminary reference to the European Court, this time on the question of whether the “in area retransmission” defence in section 73 of the Copyright Designs and Patents Act 1988 is consistent with Article 9 of the Copyright in […]
Merck Canada Inc v Sigma Pharmaceuticals PLC Case C-539/1312 February 2015The ECJ has given judgment on this case, which was referred to the ECJ by the Court of Appeal [link to case note on Ct of Appeal] at the request of Sigma Pharmaceuticals, for whom Martin Howe QC and Isabel Jamal act. In the first ever judgment relating to the Specific Mechanism which regulates parallel […]
Supreme Petfoods Ltd v Henry Bell & Co (Grantham) Ltd [2015] EWHC 256 (Ch)12 February 2015Jessie Bowhill appeared for the successful Defendant in this trade mark infringement and passing off case concerning the use of the word SUPREME in relation to pet food. The Claimant was the registered proprietor of a number of UK and Community registered trade marks for the word SUPREME, and stylised versions of the word, registered […]