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Recent cases

Major ICC Arbitration1 December 2009James Mellor QC and Iona Berkeley have just finished two weeks of hearings for a Major ICC Arbitration sitting in London acting for Umbro. The dispute concerned a significant international trade mark licensing dispute with both liability and quantum in issue.
Leo Pharma v. Sandoz [2009] EWCA Civ 118817 November 2009Andrew Lykiardopoulos appeared as junior counsel for Leo Pharma in this appeal concerning the psoriasis treatment Calcipotriol. Leo Pharma was successful in defending its patent and in obtaining injunctive relief. Andrew Lykiardopoulos also appeared at the interim injunction application (where the Court awarded interim injunctive relief) and at the trial.  
R v Hitendra Patel [2009] EWCA Crim 231112 November 2009Martin Howe QC appeared (assisting criminal leader Orlando Pownall QC) in the Court of Appeal (Criminal Division) to argue the points of EU law which arose on the appeal of Hitendra Patel against his conviction for placing a medicinal product on the market without a marketing authorisation. The regulations which created the offence were made […]
Wake Forest v Smith & Nephew [2009] EWCA Civ 84831 July 2009Revocation of Patent for Negative Pressure Wound Therapy. James Mellor and Andrew Lykiardopoulos acted for the appellants and Daniel Alexander QC and James Abrahams acted for the respondents  
Bambino Mio Ltd v Cazitex NV [2009] EWCA Civ 92229 July 2009This action involved a claim for Section 10(2) TMA 1994 trade mark infringement in relation to the Defendant’s, Cazitex’s, reusable nappies. The UK trade mark (registered for inter alia nappies) in issue was ‘Bambino Mio’, the potentially infringing mark ‘Bambineo’. After the High Court trial the claim was dismissed, the Judge finding in favour of […]
Whirlpool Corp. and another v Kenwood Limited [2009] EWCA Civ 75323 July 2009Represented by members of chambers on both sides, this action is of great importance in the context of the alleged infringement of three dimensional trade marks by the shape of goods. The action involved allegations of trade mark infringement and passing off in relation to a new Kenwood food mixer, the “kMix”, brought by the […]
Generics [UK] Ltd v Daiichi Pharmaceutical Co Ltd [2009] EWCA Civ 6462 July 2009Michael Tappin appeared for the claimant on this appeal from a judgment of Kitchin J [2008] EWHC 2413 on a trial in which James Mellor QC had also appeared for the claimant.  The case concerned the validity of a patent and SPC for the enantiomeric antimicrobial levofloxacin.   
Ivax International BV v Glaxo Group Ltd [2009] IEHC 27726 June 2009Michael Tappin QC and James Whyte appeared for the successful claimant in this trial in the High Court of Ireland. The trial, which lasted six weeks, concerned the validity of the Irish patent covering Glaxo’s Seretide® inhaler product. Both Michael and James have now appeared in two patent trials in the High Court of Ireland: […]
Napp v Ratiopharm & Sandoz Ltd [2009] EWCA Civ 2521 April 2009In March 2009 Michael Tappin appeared as junior counsel for Napp at the first instance hearing and as lead counsel in the Court of Appeal. Mark Chacksfield acted for Sandoz. The patent in suit was for a controlled release formulation of an analgesic called Oxycodone, a drug that had commonly known for many years. Napp […]
MMI Research Limited v Cellxion Limited and Others [2009] EWHC 418 (Pat)11 March 2009Martin Howe QC and Henry Ward appeared on behalf of the Claimants in this patent infringement action heard in January 2009. The patent in suit was entitled “Method for identifying a mobile phone user or for eavesdropping on outgoing calls”. The Claimant sued the Defendants for patent infringement in relation to a product called a […]