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Recent cases

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 […]
Novartis AG v Dexcel-Pharma Ltd [2009] EWHC 3363 March 2009In Feburary 2009 Novartis AG brought a claim against Dexcel-Pharma Ltd for infringement of its patent for isolated cyclosporins, a naturally occurring peptide produced by fungi which produces immunosuppression that is useful in recipients of organ transplants. Dexcel-Pharma had not yet marketed its product, Deximune, in the UK. The validity of the patent had already […]
Sienna Miller v Big Pictures and Darryn Lyons1 March 2009Ms Miller claimed she was being harassed by the paparazzi and her rights of privacy infringed. She sought injunctive relief and damages. Big Pictures had sold some photographs to newspapers but contended that their actions were normal and reasonable in the context of celebrity news gathering. John Baldwin QC, James Abrahams and Jessie Bowhill acted […]
Belvac Production Machinery Inc v Carnaudmetalbox Engineering UK [2009] EWHC 292 (Ch)26 February 2009John Baldwin QC, sitting as a deputy judge, in the Patents Court heard this case in January 2009 involving a patent for a ‘necking machine’ used to manufacture drinks cans. Belvac brought an infringement claim against the Carnaudmetalbox in relation to two of its necking machines. Carnaudmetal challenged the infringement claim, arguing that its machines […]
Generics [UK] Ltd & ors v H. Lundbeck A/S [2009] UKHL 1225 February 2009In January 2009 Michael Tappin and Mark Chacksfield appeared as junior counsel for the appellant, Lundbeck, in the appeal to the House of Lords. The primary issue before the House of Lords was whether the ratio given by Lord Hoffmann in Biogen Inc v Medeva Plc (1997) RPC 1 HL meant that a product claim […]
James Duncan Kelly & Kwok Wai Chiu v GE Healthcare Ltd [2009] EWHC 181 (Pat)11 February 2009Andrew Lykiardopoulos appeared as junior counsel for the Defendant, GE Healthcare. The trial, in December 2008, was about whether two research scientists were entitled to compensation under s.40 of the Patents Act 19977 for the benefit that GE Healthcare had gained from the patented inventions which the researchers had developed whilst they were employees. The […]