Recent cases

Nichia v Argos [2007] Bus LR 1753 (CA)19 July 2007Daniel Alexander QC and James St.Ville acted for Argos in their appeal against the recent decision of the Patents Court (Mr Justice Pumfrey, 23 February 2007) that standard disclosure on obviousness should not normally be ordered in patent actions. Adrian Speck and James Whyte acted for Nichia. The claim is for infringement of patents relating […]
Ranbaxy Laboratories Ltd v Warner-Lambert Co [2007] IEHC 25610 July 2007A team from chambers (James Mellor QC, Michael Tappin and Jessie Bowhill) recently represented Ranbaxy at the trial in the High Court of Ireland of its claim for a declaration of non-infringement of one of Warner-Lambert’s patents. The litigation concerns the cholesterol-lowering agent atorvastatin (sold by Warner-Lambert as Lipitor ®). Previously Michael Tappin had represented […]
Source Code Delivery Up1 July 2007In 2007 James St.Ville completed three actions to do with source code delivery up. The first, Duffy v. TIARC, related to the source code for web pages. The second, EGroup v. Baker, related to the source code for search engine software. The third, Meridian International v. IP Enterprises, began with a successful application for interim […]
Intel Corporation Inc. v CPM UK Ltd C-252/0715 May 2007James Mellor QC appeared on behalf of Intel in front of the European Court of Justice. The ECJ handed down its judgment in November 2008 after Advocate General Sharpston gave her opinion in June of the same year. The ECJ addressed the issue of what is needed in order to establish the ‘link’ that is […]
Intel v CPM15 May 2007In June 2008, Advocate-General Sharpston gave her preliminary ruling in the ECJ in Intel v. CPM. The case concerns the extent to which well known marks can be protected against dilution. James Mellor QC acted for Intel.
Generics (UK) Ltd and Arrow Generics Limited -v- H. Lundbeck A-S [2007] EWHC 1040 (Pat)4 May 2007A pharmaceutical patent action in March 2007, concerning the single enantiomer of the successful anti-depressant citalopram (Cipramil®), namely escitalopram (Cipralex®). Attacks were brought on the basis of anticipation, obviousness and (Biogen) insufficiency. A broad range of defences were run, including commercial success, an alleged after-discovered benefit and an argument that the current UK approach to […]
Baigent v Random House (Da Vinci Code) [2007] EWCA Civ 24728 March 2007Judgment was given by the Court of Appeal on the 28th of March 2007 in the copyright infringement case involving The Da Vinci Code, one of the most successful novels of all time. The Court dismissed the appeal and upheld the judge’s finding that the author, Dan Brown, had not copied a substantial part of […]
Reed Executive PLC v Reed Business Information Ltd and Reed Elsevier (UK) Ltd. [2004] RPC 767, Ct of Appeal3 March 2004Trade marks and the internet – Meta data, search engine optimisation and search keywords – Honest use of own name by company. A dispute between the well known high street employment agency business and the well known Reed Elsevier publishing group about the use of the trade mark REED on the internet primarily in recruitment […]
Antonio Munoz y Cia SA v Frumar Ltd Case C-253-0017 October 2002EC Regulations on fruit varieties – DNA technology – Direct applicability of Regulations by civil action in member state. Action brought by a grape producer to enforce compliance by a competitor with EC Regulations on the common organisation of the market in table grapes. The case involved the application of DNA technology to identifying the […]
R v MAFF ex parte Monsanto PLC, intervener Clayton Plant Protection Ltd Case C-306/983 May 2001EC Directive on agrochemical products – Authorisation of generics. Judicial review proceedings concerning the validity of the grant under Directive 91/414/EEC of an agrochemical product licence to a generic producer. The ECJ upheld the validity of the grant of the generic licence under the transitional provisions of the Directive. Earlier proceedings in the Queen’s Bench […]