Recent cases

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 […]
Zipher Ltd v Markem Systems Ltd, Markem Technologies Ltd [2009] EWCA Civ 4410 February 2009In January 2009 Adrian Speck appeared as junior counsel for the appellant and Richard Meade QC appeared as leading counsel for the respondents. The trial at first instance was a claim for infringement brought by Zipher against Markem in which Markem brought a counter claim for invalidity of a number of Zipher’s patents. Floyd J […]
Laboratorios Almirall SA v Boehringer Ingelheim International GmbH [2009] EWHC 102 (Pat)23 January 2009Andrew Lykiardopoulos appeared as junior counsel for the Defendant in this patent revocation dispute heard by His Honour Judge Fysh QC in December 2008. Each party sought a declaration of invalidity in relation to the other’s patent. Both patents related to a substance called aclidinium, an anticholinergic used to treat respiratory disorders. The Judge held […]
Virgin Atlantic Airways Ltd v Premium Aircraft Interiors Group Ltd [2009] EWHC 2621 January 2009Richard Meade QC, Henry Ward and Jessie Bowhill appeared for the claimants, Virgin Atlantic, in the trial before Mr. Justice Lewison in November 2008. Virgin brought a claim against Premium Aircraft alleging that that Premium Aircraft Interiors, the manufacturer of its patented flat-bed seat (called ‘the UCS’), had manufactured other seats or kits for other […]