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Recent cases

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 […]
Actavis v Novartis [2009] EWHC 41 (Ch)16 January 2009The trial, held in July 2008, was about a European Patent for a sustained release formulation of a drug called fluvastatin, a type of statin which reduces blood cholesterol. Actavis sought to revoke the patent on the grounds of obviousness and insufficiency. Novartis did not defend the claims as granted but applied to amend. The […]
Hotel Cipriani SRL v Cipriani (Grosvenor Street) Ltd [2008] EWHC 30329 December 2008The first claimant, the owner of the Cipriani Hotel in Venice successfully brought a claim against the first defendant for trademark infringement and passing off in relation to the London restaurant called ‘Cipriani London’. The first defendant company was run by the sons of Guiseppe Cipriani, one of the founders of the Hotel Cipriani. The […]
Armour Group v Leisuretech Electronics [2008] EWHC 2797 (Pat)14 November 2008Daniel Alexander QC and James Abrahams represented the Claimant Armour and Richard Meade QC and Robert Smith represented Leisuretech Electronics in the trial held in October 2008. Armour sought revocation of Leisuretech’s patent for a system for the provision of stereo sound to different rooms from a single source using a particular type of ‘Cat […]
Bambino Mio Ltd v Cazitex NV [2008] EWHC 2796 (Ch)13 November 2008This 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 3 day High Court trial the claim was dismissed, the Judge finding in […]
Ancon CCL Limited v ACS Stainless Steel Fixings Ltd [2009] All ER (D) 148 (CA)21 October 2008The Claimant, represented by Daniel Alexander QC and James St. Ville, was the proprietor of a patent for ‘channel assembly’ for use in the construction industry. The Claimant brought an infringement claim against the Defendant who produced and supplied their own channel assembly. The Defendant, who was represented by Andrew Lykiardopoulos, brought a counterclaim for […]