Recent cases

Illumina Cambridge Ltd v MGI20 January 2021Isabel Jamal appeared as part of a multi-counsel team for the Defendants in this patent validity and infringement trial concerning DNA sequencing technology.  Five Illumina patents were in issue. Three of the patents, all concerning modified nucleotides, were considered together.  In light of challenges on the basis of obviousness, priority, insufficiency and added matter, amendments […]
Hanger Holdings Ltd v Perlake Corporation SA19 January 2021Jonathan Hill acted for the successful claimant in proceedings seeking to recover the valuable domain name from the defendant Simon Croft.  In finding for the claimant the English High Court for the first time held that a domain name was a form of intangible personal property, following the approach taken by the Ontario Court […]
Coloplast A/S v Salts Healthcare Ltd18 January 2021Andrew Lykiardopoulos QC and Max Keay appeared for the claimant, Coloplast, in this patent infringement and validity trial.  The subject matter of the one patent in issue was ostomy bags, and specifically a woven textile comfort layer to provide a bag with increased resistance against tearing and pulling forces. The Defendant, Salts, had launched a […]
Top Optimized Technologies v Vodafone14 January 2021Jaani Riordan appeared with Thomas Raphael QC for Vodafone in their application for a stay of proceedings alleging breach of confidence and patent infringement arising from Vodafone’s use of Huawei base station equipment and mobile phones, pending the outcome of parallel proceedings brought by TOT against Huawei in Spain.  The action was a jurisdiction challenge […]
Nicholas Martin v Julia Kogan11 January 2021Ashton Chantrielle and Beth Collett appeared for Ms Kogan, the Defendant/Part 20 Claimant, and Jonathan Hill appeared for the film company Part 20 Defendants, in this re-trial of a dispute over the authorship of the screenplay for the film “Florence Foster Jenkins”. Mr Martin sought a declaration that he was the sole author and copyright […]
Rothy’s v Giesswein Walkwaren16 December 2020Lindsay Lane QC appeared for Rothy’s and Tom Jones appeared for Giesswein at the trial of Rothy’s Community design rights claim in respect of the design of pointed loafer ladies’ shoes. After hearing the two-day trial remotely, David Stone (sitting as a Deputy High Court Judge) held that the registered and unregistered community designs asserted […]
Juul Labs v MFP Enterprises Ltd (t/a Smoke Nation)10 December 2020Tom Moody-Stuart QC appeared for the claimant in this application for default judgment and summary judgment on a claim for infringement of EU trade marks and registered designs. The claimants make and sell vaping products.  The defendants used the claimants’ marks and designs in marketing and selling vaping pods which purported to be compatible with […]
Fisher & Paykel Healthcare v Flexicare8 December 2020Charlotte May QC appeared for the defendants in this patent infringement and validity trial.  The patent in issue concerned the expiratory limbs of breathing circuits, and in particular the use of breathable materials to reduce or eliminate condensation. The defendants admitted that their products fell within the claims of the patent in issue and counterclaimed […]
Regeneron Pharmaceuticals & Teva Pharmaceutical Industries v Rinat Neuroscience7 December 2020Adrian Speck QC and Tom Jones appeared for Regeneron and Teva at the CMC in this High Court patent action. Having sued for revocation of three Rinat patents to clear the way for the marketing of an antibody to treat osteoarthritis pain, Teva and Regeneron applied for a direction that if Rinat were to counterclaim […]
Lifestyle Equities CV and Lifestyle Licensing BC v Hornby Street30 November 2020Lindsay Lane QC appeared for three of the eight defendants in this hearing of the defendants’ application for a stay of trade mark infringement and passing off proceedings under s 9 of the Arbitration Act 1996. The claimants had commenced proceedings in IPEC for trade mark infringement and passing off, based on their marks comprising […]