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Recent cases

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 […]
Sandvik IP AB v. Kennametal UK Ltd & Kennametal Europe GmbH [2011] EWHC 331115 December 2011Richard Meade QCand Andrew Lykiardopoulos acted for Kennametal in its successful defence of patent infringement proceedings brought by the Sandvik. The dispute concerned alumina coatings for cutting tools and corresponding litigation is ongoing in the USA and Germany. Arnold J held that the patent was invalid for insufficiency and that the claims alleged to be […]
ITV v TVCatchup [2011] EWHC 2977 (Pat)14 November 2011James Mellor QC and Jessie Bowhill appeared for the claimants and Martin Howe QC for the defendant on this further hearing following the previous judgment given at the conclusion of the trial ([2011] EWHC 1874 (Pat); [2011] FSR 40). Floyd J had deferred giving judgment on certain issues to await the judgment of the ECJ […]
Eli Lilly & Co v Human Genome Sciences Inc [2011] UKSC 512 November 2011Michael Tappin QC acted for Human Genome Sciences before the Supreme Court and the Court of Appeal in its litigation against Eli Lilly concerning HGS’ patent relating to Neutrokine-α (and antibodies thereto). Kitchin J had held the patent invalid for lack of industrial applicability. The Court of Appeal ([2010] EWCA Civ 33) upheld the judgment […]
Plentyoffish Media Inc v. Plenty More LLP [2012] RPC 511 October 2011Appeal to the High Court in invalidation proceedings under s 47 of the Trade Marks Act 1994. The Opponent asserted goodwill based upon visitors to a website situation abroad. The issue was whether any UK goodwill had been generated which could be relied upon as an earlier mark. Appeal dismissed and decision of the hearing […]
K-2 Corporation v K2 Performance Systems (Uk) Ltd (IPO) (See O-341-11) (5th October 2011)5 October 2011Trade Mark Registry Opposition. K2 Performance Systems applied for a trade mark for the stylised word and device mark ‘planet K2’ in relation to management consultancy. The Application was opposed by K2 corporation, owner of the work mark ‘K2’ for business management services. It was held that although the services in issue were identical the […]
FAPL v QC Leisure/Murphy v Media Protection Services Joined Cases C-403/08 & C-429/084 October 2011In this landmark case on cross border broadcasting which was decided by the ECJ Grand Chamber, James Mellor QC and Charlotte May acted for the claimants in the civil case and for the prosecutor MPS in the criminal case. Martin Howe QC acted for the defendants in the civil case and for Mrs Murphy in […]
Generics (UK) Ltd (trading as Mylan) v Novartis AG30 September 2011Daniel Alexander QC and Henry Ward acted for Generics (UK) Limited in a claim for revocation of an SPC (and associated patent) in relation to the active ingredient of the Alzheimer’s drug rivastigmine. The patent was to the enantiomer of a previously disclosed compound, RA7. Novartis alleged that the skilled man would have perceived there […]