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Recent cases

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 […]
(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
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 […]
Speciality European Pharma Ltd v (1) Doncaster Pharmaceuticals Group Ltd & (2) Madaus GmbH [2015] EWCA Civ 546 February 2015Martin Howe QC and Iona Berkeley, instructed by Maitland Walker LLP, appeared for the Defendant and successful Appellant, Doncaster Pharmaceutical Group, in this trade mark infringement case concerning the parallel importation of pharmaceutical products in the field of urology. The case concerned the importation by the Defendant of Madaus GmbH’s anti-diuretic drug with the active […]
Hospira (UK) Ltd v Genentech, Inc [2015] EWCA Civ 576 February 2015Genentech Inc., the Appellant and Defendant, were represented by Michael Tappin QC and Mark Chacksfield in this appeal regarding a dosing regimen patent for the anti-cancer drug trastuzumab (Herceptin). Hospira UK Ltd. instructed Richard Meade QC as lead counsel. At first instance, Birss J found the Patent invalid for obviousness on the basis of a […]
Robyn Rihanna Fenty v Arcadia t/a Topshop22 January 2015Martin Howe QC appeared for the claimants. The Court of Appeal dismissed Topshop’s appeal against the judgment of Birss J [2013] EWHC 2310 (Ch), who had held that Topshop in all the circumstances were liable for passing off by selling a T-shirt bearing an image of Rihanna which had been taken by a third party […]
Jarden Consumer Solutions (Europe) Ltd v. SEB SA [2014] EWCA Civ 162917 December 2014Andrew Lykiardopoulos QC acted for Jarden Consumer Solutions in the appeal in this patent dispute with SEB. SEB (the makers of the Tefal Actifry) complained that Jarden’s Halo fryer infringed its patent rights and sought an injunction and damages. Before Arnold J claims 1-9 of SEB’s patent were found to be invalid but the judge […]
DKH Retail Ltd v H Young Operations Ltd [2014] EWHC 4034 (IPEC)8 December 2014Two day trial in October 2014, Intellectual Property Enterprise Court. Iona Berkeley was counsel for the Claimant. The subject matter of the case was UK Unregistered Design rights and Community Unregistered Design rights concerning fashion garments, specifically a gilet. The Claimant, DKH Retail, which trades as the brand Superdry, alleged UK and Community Design right […]