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Recent cases

ITV Broadcasting Ltd v TVCatchup Ltd, Case C-607/117 March 2013James Mellor QC and Jessie Bowhill appeared for the claimants, Martin Howe QC for the defendant, and Charlotte May for the UK government. The ECJ answered the question of interpretation of Directive 2001/29 referred by Floyd J in the High Court, [2011] EWHC 2977 (Pat). The ECJ ruled that the internet streaming of free-to-air TV […]
In the Matter of Trade Mark Applications by Adelphoi Ltd (BATSMAN) [2012] 0-504-126 March 2013John Baldwin QC recently acted for DC Comics before the Intellectual Property Office in its successful opposition to an application to register the sign BATSMAN as a trade mark. The opposition was based on DC Comics’ prior Community trade mark registration for BATMAN in relation to (inter alia) “a wide variety of merchandise”. The Applicant, […]
Esge AG v OHIM (Case T 444/10)28 February 2013James St.Ville recently acted for De’Longhi Benelux SA as intervener before the Court of Justice of the European Union in ESGE AG v. OHIM (Case T 444/10). De’Longhi succeeded in overcoming relative grounds for opposing registration under Article 8(1)(b) of Council Regulation (EC) No 207/2009. De’Longhi, proprietor of the famous Kenwood family of kitchen mixers, […]
Regeneron Pharmaceuticals Inc and Bayer Pharma AG v Genentech Inc [2013] EWCA Civ 9327 February 2013Regeneron and Bayer appealed against the decision of Floyd J in  [2012] EWHC 657 (Pat)  which held Genentech’s patent valid and infringed by Regeneron’s product. On appeal, Kitchin LJ (Moses and Longmore LJJ agreeing) upheld the findings of Floyd J and dismissed the appeal. The patent claimed the use of human vascular endothelial growth factor […]
A&E Television Networks LLC v Discovery Communications Europe Ltd [2013] EWHC 109 (Ch)26 February 2013John Baldwin QC and Charlotte May recently acted for the successful defendant in A&E Television Networks LLC v Discovery Communications Europe Ltd [2013] EWHC 109 (Ch), a trade mark and passing off dispute between rival documentary television channels. James Mellor QC and Lindsay Lane acted for the claimants. The claimants operate cable and satellite television […]
Environmental Recycling Technology v Upcycle [2013] EWPCC 45 February 2013Martin Howe QC acted for the defendant in successfully resisting an application to revoke a patent relating to a process for moulding plastic articles with a sandwich type construction of solid plastic outer surfaces and a foamable plastic core. HHJ Birss QC held that a process step involving the use of a former to make […]
SAS Institute Inc v World Programming Ltd [2013] EWHC 69 (Ch)31 January 2013Martin Howe QC, Robert Onslow and Isabel Jamal recently acted for the defendants in SAS Institute Inc v World Programming Ltd [2013] EWHC 69 (Ch), a case raising issues of subsistence and infringement of copyright in the functionality of computer programs, programming languages and interfaces commands, and related instruction manuals. Following the judgment of the Court of […]
Xena Systems Ltd v Cantideck and Conquip Industrial [2013] EWPCC 130 January 2013James Abrahams recently acted for the defendants in Xena Systems Ltd v Cantideck and Conquip Industrial [2013] EWPCC 1, a patent damages enquiry in the Patents County Court. The claimant had originally sought up to £1.5m in damages caused by the defendants’ sale and rental of patented rolling platforms in the construction industry. Among the […]
Magical Marking -and- Ware & Kay LLP and Others [2013] EWHC 59 (Ch)29 January 2013Jonathan Hill has acted as junior to professional negligence silk Michael Douglas QC for the defendant solicitors in Magical Marking v Ware & Kay [2013] EWHC 59 (Ch). The claimant accused its former solicitors of failing to give appropriate advice and take appropriate action in relation to copyright, database and other IP claims the claimant […]
FAPL v QC Leisure [2012] EWCA Civ 170820 December 2012James Mellor QC and Charlotte May acted for the appellant (FAPL) and Martin Howe QC for the respondents in this appeal against the judgment of Kitchin LJ (sitting at first instance) [2012] EWHC 108 (Ch); [2012] FSR 12. FAPL contended that the Copyright Designs and Patents Act 1988 should be interpreted in accordance with the […]