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Recent cases

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 […]
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