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Recent cases

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 […]
Univ. of Queensland v Siemens Magnet Technology Ltd [2007] EWHC 2258 (Pat)10 October 2007This patent trial, heard by Pumfrey J in late July 2007, concerned superconducting magnets for use in magnetic resonance imaging scanners. The University of Queensland, represented by Peter Prescott QC and Henry Ward, alleged that Siemens’ MRI magnets infringed its patent. Siemens, represented by Michael Tappin (led by Christopher Floyd QC) denied infringement and alleged […]
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 […]
Nichia v Argos [2007] Bus LR 1753 (CA)19 July 2007Daniel Alexander QC and James St.Ville acted for Argos in their appeal against the recent decision of the Patents Court (Mr Justice Pumfrey, 23 February 2007) that standard disclosure on obviousness should not normally be ordered in patent actions. Adrian Speck and James Whyte acted for Nichia. The claim is for infringement of patents relating […]
Ranbaxy Laboratories Ltd v Warner-Lambert Co [2007] IEHC 25610 July 2007A team from chambers (James Mellor QC, Michael Tappin and Jessie Bowhill) recently represented Ranbaxy at the trial in the High Court of Ireland of its claim for a declaration of non-infringement of one of Warner-Lambert’s patents. The litigation concerns the cholesterol-lowering agent atorvastatin (sold by Warner-Lambert as Lipitor ®). Previously Michael Tappin had represented […]
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.