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Recent cases

MSD v. Teva [2012] EWHC 627 (Pat), [2012] FSR 248 March 2012What constitutes a threat to infringe a patent? Is the mere receipt of a marketing authorisation enough? Those were the questions raised by this matter. MSD is the owner of a patent and an SPC relating to Efavirenz, an anti-AIDS drug. Upon the receipt of an MA by Mark’s client, Teva, MSD wrote requesting confirmation […]
KCI Licensing Inc & Ors v Smith & Nephew Plc & Ors (2012)1 March 2012Henry Ward, representing KCI Licensing Inc, successfully applied for summary judgment on an issue in an enquiry for damages. The Respondent, having already admitted in the defence that the applicant was the registered proprietor of the patent in question, claimed that the applicant was not the patent owner. It was held that the applicant was […]
Murphy v Media Protection Services Ltd [2012] EWHC 466 (Admin)24 February 2012Martin Howe QC appeared for the appellant (Mrs Murphy) in her appeal against a conviction by Portsmouth Magistrates under s. 297(1) of the Copyright Designs and Patents Act 1988 for dishonestly receiving programme without paying the charge applicable to its reception, and James Mellor QC appeared for the respondent prosecutor. Mrs Murphy had used an […]
Viagogo Ltd v Myles, Hardcash Productions, and Channel 4 [2012] EWHC 433 (Ch)23 February 2012Martin Howe QC appeared for the Claimant in this application for an interim injunction to prevent the inclusion of confidential commercial information about the identities of customers and prices being included in a Channel 4 Dispatches programme. The information had been obtained by an undercover journalist who had obtained employment with the claimant and the […]
Nokia v IPCom [2012] EWHC 22520 February 2012As part of its long-running dispute with IPCom, Nokia sought revocation of a patent relating to handover of mobile phones between base stations. IPCom sought to amend the patent to one of a number of claim sets; Nokia sought to invalidate the broadest claim set and sought declarations of non-essentiality of all the claim sets […]
Force India Formula One Team Ltd v 1 Malaysia Racing Team Sdn Bhd [2012] 616 (Ch)14 February 2012
FAPL v QC Leisure [2012] EWHC 108 (Ch)3 February 2012James Mellor QC and Charlotte May acted for the claimant (FAPL) and Martin Howe QC for the defendants in this hearing at which Kitchin LJ (sitting at first instance) gave final judgment in the action following the answers given by the ECJ in its judgment (Joined Cases C-403/08 & C-429/08) in response to the questions […]
MMI Research Ltd v Cellixon Ltd & 5 Ors [2012] EWCA Civ 724 January 2012Martin Howe QC andHenry Ward represented MMI Research Limited, the respondents of an appeal in relation to the validity of a patent for ‘IMSI catchers’ which are devices used by the police to ascertain the mobile phones numbers of suspected criminals etc. The main issue was whether or not it was obvious to provide a […]
Force India v F1 Malaysia (Lotus) & Aerolab18 January 2012On-going claim alleging copying of designs for Formula One car, design right infringement, misuse of confidential information, breach of contract. James Mellor QC leading Lindsay Lane in the forthcoming trial.
Michael Mitchell v British Broadcasting Corp [2011] EWPCC 4221 December 2011Copyright infringement trial in the Patents County Court relating to the designs for a group of characters appearing in the animated tv programme for children “Kerwhizz”. The Claimant alleged that the BBC had copied, consciously or subconsciously, designs that had been sent to the BBC in 2008. The BBC denied copying and claimed that the […]