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Recent cases

Novartis AG v Dexcel Pharma Limited [2008] EWHC 1266 (Pat)10 June 2008In June 2008, Daniel Alexander QC and Mark Chacksfield acted for Novartis in obtaining an interim injunction in a patent dispute concerning one of Novartis’ leading products, NEORAL®, a cyclosporin formulation. The case involved the question of the extent to which the court was bound by an earlier court’s approach to interpretation of the claims […]
Actavis v Merck [2008] EWCA Civ 44421 May 2008Peter Prescott QC was leading counsel in the landmark case of Actavis v. Merck which aligned UK practice as regards Swiss-claims with that of the EPO. He persuaded the Court of Appeal to establish a new exception to the long-standing rule in Young v. Bristol Aeroplane (that a later court of appeal is bound by […]
Rolawn v Turfmech [2008] EWHC 989 (Pat)7 May 2008Daniel Alexander QC and Robert Onslow acted for the claimant and Andrew Lykiardopoulos acted for the defendant in Rolawn v. Turfmech in a trial before Mann J concerning the scope of design rights in giant lawn mowers for turf growing, raising issues of the nature of the aspects of shape and configuration protected by design […]
Abbott Laboratories v Evysio Medical Devices ULC [2008] EWHC 800 (Pat)21 April 2008The Defendant had three patents relating to coronary stents. The Claimant sought a declaration of non-infringement of these patents in relation to its own coronary stent. The Defendant counter-claimed for infringement. The Claimant challenged the validity of the patents claiming that the patents were obvious, insufficient, the claims were not entitled to priority and that […]
Buhler AG v FP Spomax [2008] EWHC 823 (Ch)21 April 2008A patent infringement and validity case heard in February 2008, regarding a patent for a new ‘double roller’ grinding process method of milling flour for starch. The Defendant alleged that the patent was invalid for obviousness. The Judge held that the patent was obvious. Andrew Lykiardopoulos appeared on behalf of the successful Defendant.
JHP Limited v (1) BBC Worldwide Limited (2) Trustees of the Estate of Terry Nation [2008] EWHC 757 (Ch)16 April 2008Terry Nation created the characters called ‘Daleks’ for the BBC television series of Dr. Who. The Claimant, a book production company, made an agreement with Nation to publish three of his books about Daleks in the 1960s. Nation still developed stories about Daleks with the BBC before and after his agreement with JHP and after […]
Fisher v Brooker – ‘A Whiter Shade of Pale’ [2009] UKHL 414 April 2008This was a dispute about who wrote and who was entitled to rights in the music of the iconic Procol Harum hit Whiter Shade of Pale. Hammond organist Mathew Fisher claimed joint credit for the composition after 38 years during which he had been content for Gary Brooker to be recognized as the author. Despite […]
Research in Motion Ltd v Visto Corporation [2008] EWHC 335 (Pat)28 February 2008Adrian Speck and Henry Ward appeared as junior counsel on behalf of the Defendant in this patent case heard in January 2008 . The Claimant sought revocation of the Defendant’s patent for a method for providing email consistency and sought a declaration of non-infringement in relation to their BlackBerry system. The Defendant counterclaimed for infringement […]
Honda Motor Co. Ltd and Honda Motor Europe Ltd v Derek James Neesam, Kevin David Neesam and D&K Motorcycles [2008] EWHC 338 (Ch)28 February 2008James Mellor QC and James Abrahams represented the Claimants in January 2008 in this action for parallel importing against the Fourth Defendant (as the Claimants had obtained summary judgment in relation to the other three Defendants). The issue at trial was whether the Claimant had given implied consent for the Fourth Defendant to put bikes […]
Gary Fearns t/a Autopaint International v Anglo-Dutch Paint and Chemical Company Ltd [2008] EWCA Civ 9919 February 2008Gary Fearns, who sold car paint mainly through franchises, brought a claim for passing off and trade mark infringement due to the fact that Anglo-Dutch, Fearns paint supplier, had started selling the paint directly to his franchisees causing Fearns to lose the franchises. Anglo-Dutch successfully argued that Fearns had given consent for it to sell […]