Case Reports

Smart card patents that were not so smart

In HTC Corporation v Gemalto SA and HTC Corporation v Gemalto NV[2013] EWHC 1876 (Pat), Mr Justice Birss ruled upon the validity and infringement of two telecommunications patents concerning...

Let’s get ready to litigate

Boxing Brands Limited and (1) Sports Direct International PLC, (2) Queensberry Boxing IP Limited, (3) Sportsdirect.com Retail Limited and (4) Lillywhites Limited – 8 to 12 July 2013 – Mr Justice...

Fenty & Ors v Arcadia Group - Rihanna gets shirty with Topshop

SummaryIn this High Court case ([2013] EWHC 2310 (Ch)), Birss J held that the UK high-street fashion chain Topshop committed an act of passing off when they sold T-shirts emblazoned with a photograph...

The strengths Of Registered Designs: how Trunki fought off the competition

Viewers of the TV show “Dragons’ Den” might remember the now highly successful Trunki children’s ride-on suitcase which was unanimously rejected by the Dragons as a bad idea.

Online image searches for designs and marks

An online image search tool for figurative trademarks and designs could be launched under new proposals by the Office for Harmonization in the Internal Market (OHIM).

Design drawings: more than meets the eye

A recent judgment handed down by Mr Justice Birss in Sealed Air Ltd v Sharp Interpack Ltd & Anor [2013] EWPCC 23 (30 May 2013) considers the way in which technical drawings in a registered design...

Keywords that infringe – Interflora v M&S

Interflora Inc & Anor v Marks and Spencer Plc & Anor [2013] EWHC 1291 (Ch)On 21 May, Mr Justice Arnold handed down a lengthy judgment in the long running action between Interflora and M&S.

Swarovski’s marksman hits the right target – why Leica should define the correct problem to be solved

Swarovski-Optik KG v Leica Camera AG [2013] EWHC 1227.SummaryAt the Patents Court before Vos J, Swarovski-Optik brought patent infringement proceedings against Leica Camera, who challenged the...

When is an embryo an embryo?

Despite recent guidance, the UK High Court has deemed it necessary to refer a question to the Court of Justice of the European Union (CJEU) that seeks to clarify what is meant by a “human embryo”,...

Darren Smyth blogs for Spicy IP about Glivec decision

In a guest post for the Spicy IP blog, partner Darren Smyth expands upon the issues raised in his earlier post for The IPKat about the decision of the Indian Supreme Court in denying Novartis a...

Glivec decision raises issues over senior courts ruling in patent cases

In his latest IPKat post, Darren Smyth “despairs” at the judgment by the Indian Supreme Court in the recent Glivec decision, refusing the patent application directed to imatinib mesylate in beta...

Nestec SA & Ors v Dualit Ltd & Ors: Poisonous Priority

Darren Smyth’s latest IPKat post is about the recent case of Nestec SA & Ors v Dualit Ltd & Ors concerning Nespresso coffee makers and their coffee capsules.

Omnipharm v Merial – winner gets it spot-on

In Omnipharm Limited v Merial [2013] EWCA Civ 2, the Court of Appeal of England and Wales (CA) upheld a first instance decision to revoke one of Merial’s patents on grounds of insufficiency.

Resolution Chemicals Ltd v H. Lundbeck A/S: SPCs and privity

Darren Smyth’s latest IPKat post concerns the recent decision on a preliminary point in Resolution Chemicals Ltd v H. Lundbeck A/S, and Lundbeck’s SPC for escitalopram.

Three ways of improving the RCD system

At a recent conference in Alicante to mark the tenth anniversary of the EU Registered Community Design, it was proposed by attendee Sir Robin Jacob to look at ways of improving the system.