Home > News > Recent cases

Recent cases

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 […]
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 […]
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 […]
Aloys Wobben v Vestas-Celtic Wind Technology Limited [2007] EWHC 2636 (Pat)14 November 2007This patent trial involved three separate patents, all of which were concerned with the control systems of wind energy systems i.e. wind turbines and the interaction between such turbines and the electrical grids to which they are connected. The requirements of the network operator in relation to the behaviour of various types of generation under […]
Yeda v ImClone/Rorer [2007] UKHL 4324 October 2007Members of Chambers acted in an appeal in the House of Lords in July 2007 in the matter of Yeda -v- ImClone/Rorer. The case concerns the anti-cancer threrapy Erbitux® and the approach to time limits in patent entitlement cases under s.37(5) of the Act and the CPC. Peter Prescott QC, Daniel Alexander QC and Andrew […]
Monsanto Technology LLC v Cargill International SA [2007] EWHC 2257 (Pat)10 October 2007A patent action in which Monsanto claimed infringement of a patent covering DNA sequences related to its RoundUp Ready® technology, which involves the genetic modification of a plant to express an enzyme that confers resistance to the herbicide glyphosate (RoundUp®). Cargill imported soymeal from Argentina made from RoundUp Ready soy beans. It raised defences of […]