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Recent cases

Bayerische Motoren Werken AG (BMW) v Round and Metal Ltd (2012)21 July 2012Although the principle issue in the case concerned the application of the must match defence issues of passing off and trade mark infringement arose in relation to the manner in which the Defendants advertised the wheels offered by them as spare parts for BMW vehicles.
Generics (UK) Ltd v Yeda Research & Development Co Ltd [2012] EWHC 1848 (Pat)11 July 2012On 11 July 2012 Mr Justice Arnold gave judgment in Mylan v Yeda & Teva, a case concerning the validity and infringement of a patent concerning glatiramer acetate (sold as Copaxone for the treatment of multiple sclerosis). The case raised a large number of issues including both classic and Agrevo-type obviousness, various grounds of insufficiency, […]
HTC v Apple [2012] EWHC 1789 (Pat)4 July 2012On 4 July 2012, Mr Justice Floyd handed down judgment in HTC v Apple [2012] EWHC 1789 (Pat). This was a major patents action, concerning 4 Apple patents which relate to the way in which smartphones operate, including the famous "slide to unlock" patent. HTC were represented by a team of barristers from 8 New […]
Linguascope -and- Promethean Limited28 June 2012Robert Onslow and Jessie Bowhill were recently on opposing sides before the Intellectual Property Office in invalidity proceedings involving word marks with a common prefix. The hearing officer held that although the cited marks formed a "family" of marks with a common prefix and differing suffixes, the descriptive nature of the prefixes meant that the […]
Football Dataco Ltd v Sportradar GmbH Case C-173/1121 June 2012Sui generis database rate. Reference to the CJEU concerning where an internet transmission of infringing data occurs.
Sudarshan v Clariant [2012] EWHC 1569 (Ch)13 June 2012 Martin Howe QC and Henry Ward appeared for the claimant in this action for invalidation of a patent or declaration of non-infringement, and threats. The patent was for what was said to be a new crystal modification (polymorph) of a pigment which had been discovered and previously patented by Clariant. John Baldwin QC (sitting as […]
SAS Institute Inc v World Programming Ltd Case C-406/102 May 2012Martin Howe QC, Robert Onslow and Isabel Jamal acted for the defendant in Case C-406/10 SAS Institute Inc v World Programming Ltd [2012] 3 CMLR 4, where the Grand Chamber gave judgment answering questions about whether copyright in a computer program or in the manuals relating to it can prevent the replication of the functions […]
Football Dataco Ltd v Sportradar GmbH [2012] EWHC 1185 (Ch)30 March 2012Claim to joint liability for infringement of sui generis database right in live football data. Currently on appeal to the Court of Appeal.
Regeneron & Bayer v Genentech [2012] EWHC 65722 March 2012Regeneron and Bayer issued revocation and non-infringement proceedings against Genentech in relation to its patent for the use of VEGF antagonists to treat non-neoplastic diseases characterised by excessive angiogenesis. The patent was alleged to be anticipated or obvious over a paper which disclosed an antagonist to VEGF and which stated that the antagonist may have […]
Fine & Country Ltd v Okotoks Ltd [2012] EWHC 2230 (Ch)14 March 2012This was a three week trial concerning rival estate agents.  Mark Platts-Mills QC led Jessie Bowhill representing the Defendants in this passing off and trade mark infringement claim. The Defendants were found to have passed off their estate agency business as that of the Claimant and infringed the Claimants device mark comprising the words FINE & COUNTRY […]