Case Reports

Have your say on IPO fast track trademark opposition procedure

The Intellectual Property Office (IPO) has launched a public consultation on their plans for a simplified and more cost-effective trademark opposition procedure to run alongside the existing system.

RCDs – use of dotted lines in representations

In his capacity as regular blogger for The IPKat, Partner Darren Smyth has posted on the use of dotted lines in representations of designs. This follows his participation in the conference this week...

So when is a patent claim too broad?

In Regeneron Pharmaceuticals Inc v Genentech Inc [2013] EWCA Civ 93 the Court of Appeal dismissed the claimants’ appeal, rejecting all their arguments in respect of construction, infringement,...

Alcon puts the brakes on patent protection for AP Racing due to added matter

AP Racing Limited v Alcon Components Limited [2013] EWPCC 3Two rival suppliers of brake calipers used in racing cars in the motorsport industry recently went head to head in the Patents County Courts.

Added matter and omnibus claims: a UK perspective

Environmental Recycling Technologies Plc v Upcycle Holdings Ltd [2013] EWPCC 4 – 5 February 2013.SummaryThis decision of the UK Patents County Court provides insight into the differences between UK...

HHJ Birss sees through Bristan’s excuses

This case ([2013] EWPCC 2), heard in the Patents County Court, concerns designs for electric shower units. Mira (the claimant) alleged that the Glee, Joy and Smile products, supplied by the defendant...

Preventing use of disclosure outside litigation - appropriate undertakings for the confidentiality club

Over the past few months two actions concerning the validity and infringement of IPCom’s European Patent EP 1,841,268 (IPCom v Nokia (Claim No: HC 10 C01233) and HTC v IPCom (Claim HC 11 C02064))...

Losing the Right to Use Your Own Name – The Cipriani Saga

In October 2008 a factually complex trade mark infringement and passing off case, involving the interpretation of agreements under Italian Law, came before Mr Justice Arnold (Hotel Cipriani SRL & Ors...

CJEU decides on “business as usual” after ONE-L of a fight

Leno Merken BV v Hagelkruis Beheer BV (ONEL / OMEL)A test case cooked up by Benelux attorneys called into question one of the central tenets of the CTM system - that use of a CTM in just one member...

Darren Smyth makes inaugural post as IPKat blogger

Partner Darren Smyth has made his first blog post for The IPKat following the announcement that he had become a full member of The IPKat team.

Obvious to try in all but name?

The applicability of the obvious to try question has been a thorny issue in UK patent law for some time, and the desire for a party seeking invalidity to apply this test has pervaded many recent...

ZYNGA hit triple word score as Mattel’s Scrabble tile claim fails

(1) J.W. Spear & Sons Ltd (2) Mattel, Inc. & (3) Mattel UK Limited -and- ZYNGA, Inc. [2012] EWHC 3345 (Ch) – 28 November 2012.Arnold J’s summary dismissal of an infringement claim based on a UK trade...

Court of Appeal puts an end to lawyers creating confusion

In Marks and Spencer Plc v Interflora Inc [2012] EWCA Civ 1501, the Court of Appeal has effectively killed off what was a common place practice of adducing favourable evidence of confusion (or lack...

Needles in the UK Patents County Court

Liversidge v (1) Owen Mumford Limited (2) Abbott Laboratories LimitedIn April 2011, the claimant commenced patent infringement proceedings in the UK Patents County Court (“PCC”) against the...

High Court confirms that it is not fine for Spicerhaart to continue using “FINE”

A recent decision of the High Court has brought to a conclusion a dispute between Fine & Country Limited (F&C) and Okotoks Limited (formerly Spicerhaart Limited and part of the Spicerhaart Group of...