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Recent cases

Source Code Delivery Up1 July 2007In 2007 James St.Ville completed three actions to do with source code delivery up. The first, Duffy v. TIARC, related to the source code for web pages. The second, EGroup v. Baker, related to the source code for search engine software. The third, Meridian International v. IP Enterprises, began with a successful application for interim […]
Intel Corporation Inc. v CPM UK Ltd C-252/0715 May 2007James Mellor QC appeared on behalf of Intel in front of the European Court of Justice. The ECJ handed down its judgment in November 2008 after Advocate General Sharpston gave her opinion in June of the same year. The ECJ addressed the issue of what is needed in order to establish the ‘link’ that is […]
Intel v CPM15 May 2007In June 2008, Advocate-General Sharpston gave her preliminary ruling in the ECJ in Intel v. CPM. The case concerns the extent to which well known marks can be protected against dilution. James Mellor QC acted for Intel.
Generics (UK) Ltd and Arrow Generics Limited -v- H. Lundbeck A-S [2007] EWHC 1040 (Pat)4 May 2007A pharmaceutical patent action in March 2007, concerning the single enantiomer of the successful anti-depressant citalopram (Cipramil®), namely escitalopram (Cipralex®). Attacks were brought on the basis of anticipation, obviousness and (Biogen) insufficiency. A broad range of defences were run, including commercial success, an alleged after-discovered benefit and an argument that the current UK approach to […]
Baigent v Random House (Da Vinci Code) [2007] EWCA Civ 24728 March 2007Judgment was given by the Court of Appeal on the 28th of March 2007 in the copyright infringement case involving The Da Vinci Code, one of the most successful novels of all time. The Court dismissed the appeal and upheld the judge’s finding that the author, Dan Brown, had not copied a substantial part of […]
Reed Executive PLC v Reed Business Information Ltd and Reed Elsevier (UK) Ltd. [2004] RPC 767, Ct of Appeal3 March 2004Trade marks and the internet – Meta data, search engine optimisation and search keywords – Honest use of own name by company. A dispute between the well known high street employment agency business and the well known Reed Elsevier publishing group about the use of the trade mark REED on the internet primarily in recruitment […]
Antonio Munoz y Cia SA v Frumar Ltd Case C-253-0017 October 2002EC Regulations on fruit varieties – DNA technology – Direct applicability of Regulations by civil action in member state. Action brought by a grape producer to enforce compliance by a competitor with EC Regulations on the common organisation of the market in table grapes. The case involved the application of DNA technology to identifying the […]
R v MAFF ex parte Monsanto PLC, intervener Clayton Plant Protection Ltd Case C-306/983 May 2001EC Directive on agrochemical products – Authorisation of generics. Judicial review proceedings concerning the validity of the grant under Directive 91/414/EEC of an agrochemical product licence to a generic producer. The ECJ upheld the validity of the grant of the generic licence under the transitional provisions of the Directive. Earlier proceedings in the Queen’s Bench […]
Antonio Munoz y Cia SA v Frumar Ltd [1999] FSR 872, Ch D (Laddie J)26 March 1999EC Regulations on grape varieties – Action by competitor against trader using wrong variety name – Variety proved by DNA evidence. Case about grape varieties. The Court held on the basis of DNA evidence that the defendants had used variety names for grapes different from the correct variety name required by EC Regulations on the […]
R. v Medicines Control Agency ex parte Smith & Nephew, intervener Primecrown Ltd [1999] RPC 70525 March 1999EC Medicines Directive – Licence suspended by interim injunction – Assessment of damages under the cross-undertaking. A claim for damages under a cross undertaking in damages given in return for interim relief which restrained the holder of a parallel import licence from importing and selling a pharmaceutical product pending a ruling from the European Court. […]