Recent cases

Teva UK Ltd v Merck Sharp & Dohme Corp [2017] EWHC 539 (Pat)17 May 2017Charlotte May QC and Lindsay Lane represented the first claimant (“Teva”) in its successful challenge of the defendant’s (“Merck”) supplementary protection certificate (SPC) for an anti-viral drug marketed as Atripla.   The SPC covered a combination of the active ingredient efavirenz together with emtricitabine and tenofovir. The Court agreed with Teva’s case that the SPC […]
Glaxo Wellcome UK Ltd v Sandoz Ltd [2017] EWCA Civ 33510 May 2017This appeal is in a large scale action for Trade Mark infringement and passing off brought by Glaxo against Sandoz in relation to respiratory inhalers. The UK action forms part of a series of international disputes concerning these pharmaceutical products. Glaxo owns an EU colour per se trade mark which is visually represented by a […]
Unwired Planet International Ltd v Huawei Technologies Co. Ltd [2017] EWHC 711 (Pat)4 May 2017Adrian Speck QC, Isabel Jamal and Tom Jones appeared for the Claimant, Unwired Planet, and Andrew Lykiardopoulos QC appeared for the Defendant, Huawei, in a landmark action concerning the nature of a patent holder’s obligations to license Standard Essential Patents (SEPs) on Fair, Reasonable and Non-Discriminatory (FRAND) terms.   In a much-anticipated judgment, Birss J […]
Glaxo Wellcome UK Limited v Sandoz Limited [2017] EWCA Civ 2276 April 2017Martin Howe QC and Iona Berkeley represented the Respondents, “Sandoz”, in Glaxo’s Appeal against the decision of HHJ Hacon refusing permission to join two additional defendants to its claim for passing off. Glaxo alleged passing off on the basis that Sandoz had marketed asthma inhalers similar to Glaxo’s ‘Seratide’ inhalers in the UK. Glaxo had […]
Fujifilm v Abbvie [2017] EWHC 395 (Pat)28 March 2017Michael Tappin QC, Andrew Lykiardopoulos QC and Mark Chacksfield appeared for the Defendant (“AbbVie”) in this action concerning certain of AbbVie’s patents and applications for the anti-inflammatory drug adalimumab (marketed by AbbVie as “Humira”). The Claimants (“FKB” and “SB/Biogen”) sought declarations (the “Declarations”) to the effect that use of their biosimilar adalimumab products in certain […]
Wobben v Siemens [2017] EWCA Civ 519 January 2017James Whyte represented the Respondents (collectively “Siemens”) in this appeal concerning Wobben’s patent for a method of operation of a wind turbine in high winds. At first instance Birss J had found that Wobben’s patent was obvious in light of a prior art research paper “Bossanyi”, which disclosed strategies to mitigate the effects of wind […]
Shanks v Unilever [2017] EWCA Civ 218 January 2017In Shanks v Unilever, the Court of Appeal dismissed Prof Shanks’ second tier appeal against the IPO’s rejection of his multi-million pound claim under s.40(1) of the Patents Act 1977 for inventor’s compensation against his former employer, Unilever, in respect of patents which he claimed to be of ‘outstanding benefit’ to Unilever. The patents were […]
Teva, Accord, Lupin, Generics (UK) t/a Mylan v Gilead [2017] EWHC 13 (Pat)13 January 2017Daniel Alexander QC and Lindsay Lane appeared for one claimant (Teva), Daniel Alexander QC and Jaani Riordan appeared for another claimant (Lupin), and James Whyte appeared for the defendant (Gilead), in these actions concerning Gilead’s Supplementary Protection Certificate (SPC) for an anti-retroviral drug combining tenofovir disoproxil and emtricibatine (marketed by Gilead as ‘Truvada’). The claimants […]
Fujifilm v Abbvie [2017] EWCA Civ 112 January 2017Mark Chacksfield appeared on behalf of the Appellants Abbvie Biotechnology Limited (“Abbvie Bermuda”) and Abbvie Limited (“Abbvie UK” – together, “Abbvie”) in two linked appeals concerning FKB’s claims for declaratory relief in relation to its biosimilar products for the drug adalimumab (marketed by Abbvie as “Humira”). In related actions (“FKB1” and “FKB2”) FKB had sought […]
Fujifilm v AbbVie [2016] EWHC 3383 (Ch)29 December 2016Michael Tappin QC and Mark Chacksfield appeared on behalf of the Defendants, (together, “AbbVie”) in AbbVie’s application to strike out two linked actions brought on behalf of the Claimants, “FKB”, “SB” and “Biogen”. FKB/SB/Biogen sought declarations to the effect that biosimilar products for the antibody adalimumab (marketed by AbbVie as “Humira”) were obvious and/or anticipated […]