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Recent cases

Taylor v Maguire [2013] EWHC 3804 (IPEC)3 December 2013Ashton Chantrielle recently appeared for the Claimant artist in a copyright infringement case in the IP Enterprise Court. The Claimant was a paper artist running an online business making and selling paper cuttings. It was alleged that the Defendant had infringed copyright in those works by creating, replicating, possessing and dealing in works, which replicated […]
Actavis UK Ltd. & Ors v Eli Lilly & Co [2013] EWHC 3749 (Pat)30 November 2013Isabel Jamal recently appeared with Thomas Raphael for Actavis UK Ltd., the successful respondent to an application by Eli Lilly (“Lilly”) for stays on the basis of alleged abuse of process, against certain actions initiated by Actavis for declarations of non-infringement of the Lilly’s patents. The dispute between the parties relates to four actions in […]
Teva Pharma BV v Amgen Inc [2013] EWHC 3711 (pat)21 November 2013James Abrahams recently appeared for Teva Pharma BV and Teva UK Ltd (“Teva”) resisting an application that the First Defendant (“AI”) cease to be a party to the proceedings issued by Teva. Proceedings had initially been issued against AI alone as the registered proprietor of the European patent in issue. AI had however assigned the […]
Speciality European Pharma Ltd v Doncaster Pharmaceuticals Group Ltd 2013] EWHC 362420 November 2013Martin Howe QC and Iona Berkeley, instructed by Maitland Walker LLP, appeared for the Defendant, Doncaster Pharmaceutical Group, in this High Court trade mark infringement case before Mrs Justice Asplin concerning the parallel importation of pharmaceutical products in the fields of urology. The case concerned the importation by the Defendant, Doncaster Pharmaceuticals Group, of the […]
SAS Institute Inc. v World Programming Ltd [2013] EWCA Civ 14827 November 2013Martin Howe QC  and  Robert Onslow and  Isabel Jamal recently appeared for World Programming Ltd, the successful respondent in an appeal brought by SAS Institute. At first instance [2011] RPC 1 Arnold J held that copyright does not protect the functionality of computer programs or programming languages as such. In having replicated the functionality of […]
Bocacina Limited v Boca Cafes Limited [2013] EWCH 3090 (IPEC)30 October 2013Jonathan Hill  has recently appeared in the first trial to be heard in the new Intellectual Property Enterprise Court (‘IPEC’), acting for Bocacina Limited, the successful claimant in a passing off action. The judge was Daniel Alexander QC, sitting as a Deputy Enterprise Judge. The defendants had opened a café and bistro called ‘Boca Bistro […]
IPCom GMBH & Co KG v HTC Europe Co Ltd29 October 2013Adrian Speck QC  and James Abrahams recently appeared for HTC, in its appeal from the first instance judgment of Roth J declining to order a stay of infringement proceedings in the Patents Court pending the outcome of opposition proceedings in the European Patent Office (“EPO”). In considering the appeal, Floyd LJ, with whom Patten and […]
Lonsdale Sports Ltd v Erol [2013] EWHC 2956 (Pat)16 October 2013Henry Ward  recently appeared with Roger Wyand QC for Lonsdale Sports Limited, the well-known sporting goods company. Lonsdale successfully appealed the decision of the Trade Mark Registry to register the respondent’s mark. Lonsdale had opposed registration on various grounds, including that the respondent’s mark took unfair advantage or was detrimental to the distinctive character or […]
J W Spears & Sons Ltd, Mattel inc , Mattel UK Ltd v Zynga Inc [2013] EWCA Civ 11759 October 2013James Mellor QC recently appeared with Phillip Roberts for the successful respondent Zynga in an appeal from summary judgment handed down in JW Spear & Sons Ltd and Mattel Inc v. Zynga [2012] EWHC 3345 (Ch). At first instance, Arnold J found for Zynga. He held that the claimants’ UK registered trade mark, for a […]
BBC -and- Eos27 September 2013In the last week of September, Lindsay Lane appeared in the Copyright Tribunal representing the BBC in a dispute with the collecting society, Eos. Unusually, the Copyright Tribunal was sitting in Wales (in Caernarfon Crown Court) so that a number of witnesses from both sides could give evidence in Welsh, with simultaneous translation. The Copyright […]