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Recent cases

Buhler AG v FP Spomax [2008] EWHC 823 (Ch)21 April 2008A patent infringement and validity case heard in February 2008, regarding a patent for a new ‘double roller’ grinding process method of milling flour for starch. The Defendant alleged that the patent was invalid for obviousness. The Judge held that the patent was obvious. Andrew Lykiardopoulos appeared on behalf of the successful Defendant.
JHP Limited v (1) BBC Worldwide Limited (2) Trustees of the Estate of Terry Nation [2008] EWHC 757 (Ch)16 April 2008Terry Nation created the characters called ‘Daleks’ for the BBC television series of Dr. Who. The Claimant, a book production company, made an agreement with Nation to publish three of his books about Daleks in the 1960s. Nation still developed stories about Daleks with the BBC before and after his agreement with JHP and after […]
Fisher v Brooker – ‘A Whiter Shade of Pale’ [2009] UKHL 414 April 2008This was a dispute about who wrote and who was entitled to rights in the music of the iconic Procol Harum hit Whiter Shade of Pale. Hammond organist Mathew Fisher claimed joint credit for the composition after 38 years during which he had been content for Gary Brooker to be recognized as the author. Despite […]
Honda Motor Co. Ltd and Honda Motor Europe Ltd v Derek James Neesam, Kevin David Neesam and D&K Motorcycles [2008] EWHC 338 (Ch)28 February 2008James Mellor QC and James Abrahams represented the Claimants in January 2008 in this action for parallel importing against the Fourth Defendant (as the Claimants had obtained summary judgment in relation to the other three Defendants). The issue at trial was whether the Claimant had given implied consent for the Fourth Defendant to put bikes […]
Research in Motion Ltd v Visto Corporation [2008] EWHC 335 (Pat)28 February 2008Adrian Speck and Henry Ward appeared as junior counsel on behalf of the Defendant in this patent case heard in January 2008 . The Claimant sought revocation of the Defendant’s patent for a method for providing email consistency and sought a declaration of non-infringement in relation to their BlackBerry system. The Defendant counterclaimed for infringement […]
Gary Fearns t/a Autopaint International v Anglo-Dutch Paint and Chemical Company Ltd [2008] EWCA Civ 9919 February 2008Gary Fearns, who sold car paint mainly through franchises, brought a claim for passing off and trade mark infringement due to the fact that Anglo-Dutch, Fearns paint supplier, had started selling the paint directly to his franchisees causing Fearns to lose the franchises. Anglo-Dutch successfully argued that Fearns had given consent for it to sell […]
GlaxoSmithKline v Genentech [2008] EWCA Civ 2331 January 2008Daniel Alexander QC acted for GSK in a claim to revoke Genentech’s patent relating to the use of anti-CD20 antibodies for RA therapy. Genentech applied to stay the UK claim pending determination of opposition proceedings in the EPO. The Court of Appeal’s judgment handed down in January 2008 gives general guidance as to the approach […]
The Gola Wing Flash Logo [2008] EWHC 88 (Ch)25 January 2008John Baldwin QC led Robert Onslow in the successful protection of the iconic Gola logo against a threat from encroachment by a rival footwear manufacturer in December 2007. The case involved the tension between marks which are mere designs and those which are genuine badges of origin. The heritage, of which the likes of Bill […]
Cinpres Gas Injection Limited v Melea Limited [2008] EWCA Civ 921 January 2008One of the country’s longest running patent cases concerning ownership of a gas assisted plastic injection moulding patent has been decided by the Court of Appeal. The appeal followed earlier litigation between the same parties that was commenced in the early 1990s and ultimately dismissed some 8 years later, due largely to the evidence given […]
Peer International Corporation and Southern Music Publishing Co Inc and Peermusic (UK) Ltd v Editoria Musical De Cuba [2007] EWCA Civ 130823 November 2007The first instance trial concerned the entitlement to the UK copyright in 14 songs written by Cuban composers. The trial Judge, Lindsay J, found in favour of the defendants, Editoria Musical De Cuba, but at the costs hearing he did not make an order as to costs in favour of the defendants on the aspects […]