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Recent cases

Merck Canada Inc v Sigma Pharmaceuticals PLC [2013] EWCA Civ 32618 April 2013Martin Howe QC and Isabel Jamal acted for the appellants in successfully persuading the Court of Appeal to make a preliminary reference on the interpretation of the so-called ‘Specific Mechanism’, which relates to the parallel importation of pharmaceuticals from Poland and other EU Accession States. The case was decided at first instance ([2012] EWPCC 18, […]
Lizzano Partitions (UK) Limited v Interiors Manufacturing Limited [2013] EWPCC 1211 April 2013Isabel Jamal recently appeared before His Honour Judge Birss QC in the Patents County Court in Lizzanno Partitions (UK) Limited v Interiors Manufacturing Limited [2013] EWPCC 12. She acted for the patentee who succeeded in defending an action for a declaration of non-infringement (in relation to which it brought a counterclaim for infringement) and a […]
Hospira UK Ltd v Novartis AG [2013] EWHC 516 (Pat)2 April 2013Michael Tappin QC recently acted for Generics (UK) Ltd (t/a Mylan), the second claimant in Hospira UK Ltd v Novartis AG [2013] EWHC 516 (Pat). This was a claim for revocation of two European patents relating to the intravenous administration of zoledronate for the treatment of osteoporosis, at intervals of at least six months. The […]
Fage UK Ltd -v- Chobani UK Ltd [2013] EWHC 630 (Ch)26 March 2013Daniel Alexander QC and John Baldwin QC recently appeared before Mr Justice Briggs in Fage UK Ltd v Chobani UK Ltd [2013] EWHC 630 (Ch), representing the Claimants and the Defendants, respectively. This case was an extended passing-off action concerning sales of thick and creamy yoghurt under the phrase “Greek yoghurt” in UK supermarkets. The […]
Schutz (UK) Ltd v Werit (UK) Ltd [2013] UKSC 1620 March 2013Richard Meade QC and Lindsay Lane recently appeared in the Supreme Court of the United Kingdom for the respondent in Schütz (UK) Ltd v Werit (UK) Ltd [2013] UKSC 16. This important decision clarifies the meaning of the word “make” for the purpose of patent infringement under section 60(1)(a) of the Patents Act 1977, and […]
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 […]