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Recent cases

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 […]
Actavis Group HF v Eli Lilly & Co [2012] EWHC 3316 (Pat)12 December 2012Richard Meade QC acted for the successful claimant in Actavis Group HF v Eli Lilly & Co [2012] EWHC 3316 (Pat).  This is an important decision which recognises that English courts have jurisdiction to hear claims for infringement of multiple foreign designations of a European patent. The defendant applied to strike out or stay the […]
JW Spear & Sons Ltd and Mattel Inc v. Zynga [2012] EWHC 3345 (Ch)6 December 2012Adrian Speck QC acted for the claimants and James Mellor QC and Ashton Chantrielle for the defendant in a partial summary judgment application for invalidity of the claimants’ Community trade mark for a tile used in the claimants board game SCRABBLE. The defendant was successful on the basis that the claimants tile mark did not […]
Rugby Football Union v CIS Ltd (formerly Viagogo Ltd) [2012] UKSC 55,21 November 2012Martin Howe QC and Tom Moody-Stuart acted for the appellant (CIS Ltd, formerly Viagogo Ltd) in this appeal to the Supreme Court against a Norwich Pharmacal order which had been granted against a ticket exchange website requiring it to identify individuals who had been selling rugby tickets on the website. The Rugby Football Union (respondent […]
Performing Right Society Ltd v B4U Network (Europe) Ltd [2012]15 November 2012James Mellor QC and James Abrahams recently acted for the defendant in Performing Right Society Ltd v B4U Network (Europe) Ltd [2012] EWHC , a case concerning ownership of copyright in Bollywood film music. The main issue was whether an assignment clause in agreements between the claimant collecting society and its composer members should be […]
Football Dataco Ltd v Yahoo! UK Ltd Case C-604/1012 November 2012Reference to the CJEU concerning the question of whether database copyright subsists in football fixture lists.