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Balancing Expertise: Mellor J's Ruling on Scientific Advisers vs. Expert Evidence
Hill v Touchlight Genetics Ltd & Ors [2024] EWHC 533 (Pat) (08 March 2024) Summary This judgment concerns a novel issue in the Patents Court which arose at the second CMC in this action, regarding whether the Court should appoint a scientific a...
Maternity wear retailers Seraphine Limited and Mamarella GmbH clash over serving proceedings out of the Jurisdiction
Background The Claimant Seraphine Limited (“Seraphine”) a maternity wear retailer had a trading relationship with the Defendant Mamarella GmbH (“Mamarella”), a German online retailer selling maternity wear. This relationship c...
Foreign websites which target UK consumers in the court’s sights
Lifestyle Equities CV & Anor v Amazon UK Services Ltd & Ors [2024] UKSC 8 The Supreme Court has recently handed down judgment in a dispute between the owner of the “Beverley Hills Polo Club” trademark, Lifestyle Equities, and inte...
IPEC Refuses to “Doff its Cap” – Stays Firm on Cost Limits
Equisafety v Battle [2024] EWHC 283 (IPEC) Summary This case was originally a trade mark and passing off dispute between two entities over the use of the word mark “mercury” in relation to high visibility equestrian products being markete...
Denial of Interim Injunction Favours Start-up Amid Concrete Delivery Patent Dispute
Cloud Cycle Ltd v Verifi LLC & Anor [2024] EWHC 233 (IPEC) (07 February 2024) Summary This action concerns a claim by Cloud Cycle Limited (“CCL”) for a declaration of non-infringement of EP (UK) 1 720 689 (the “Patent"), relat...
Abbott v Dexcom [2024] EWHC 36 (Pat)
Abbott v Dexcom [2024] EWHC 36 (Pat) Background The first UK battle held in the wide-ranging (both in terms of number of patents and geographical area) patent fight between Abbott and Dexcom has ended in a stalemate. Mr Justice Mellor has found two...
Be careful what you wish for - Court of Appeal refuses to let party rely on argument it had dropped multiple years ago
Lufthansa Technik AG v Astronics Advanced Electronic Systems & Ors [2023] EWCA Civ 1306 The Court of Appeal has denied Lufthansa permission to rely on certain arguments at an upcoming damages inquiry as part of its long running litigation with Pa...
What a relief! Court of Appeal permits a party to rely on evidence served two years late
Lufthansa Technik AG v Panasonic Avionics Corporation [2023] EWCA Civ 1273 The Court of Appeal has granted Panasonic an extension of time to a deadline so that they can rely upon a witness statement served two years after the deadline. This is on the...
Astellas’ Validity Success Not Enough to Catch Competitors’ Products on Overactive Bladder Treatment
The High Court has handed down its judgment in Astellas v Teva and Sandoz regarding Astellas’ patent covering treatment for overactive bladder. The High Court found Astellas’ patent valid but not infringed by Sandoz’s generic product....
The Online Safety Bill*
*The Online Safety Act became law on 27 October 2023. Please see our article about the new law below. Following a long gestation, the Online Safety Bill (OSB) has been published with the intention that it come into effect later this month. It is a b...
Expert’s Attempt to Swot-up in Patent Dispute is Insufficient to Comply with Court Requirements in Sycurio v PCI-PAL
PCI-Pal succeeded in the High Court of England & Wales in its patent dispute with Sycurio. Sycurio’s patent was found invalid for obviousness. But even if Sycurio’s patent had been found valid, there would have been no finding of infrin...
Lonnie Johnson, Black History Month 2023
This is the second article in our series as we celebrate Black History Month. One individual who has left a mark on the world is Lonnie Johnson, the mind behind the iconic Super Soaker. In this article, we will look at his journey to creating the Super...
Remember to seriously consider Part 36 Offers!
Background This is a judgment on costs for a probate case, where the case law for analysing whether a communication should be considered ‘without prejudice’ was discussed. This was then followed up with the application of CPR Part 36. T...
Parties and their lawyers will have to reveal how the sausage is made.
Cook UK Limited v Boston Scientific Limited & Ors [2023] EWHC 2163 (Pat) A little over two years ago a new practice direction, called PD57AC, was issued regarding the preparation of witness statements for trial in the Business and Property Courts...
Mr Justice Zacaroli shines a light on claim construction in patent dispute for glass lamps
Heraeus Noblelight Ltd v First Light Lamps Ltd [2023] EWHC 1950 (Pat) (31 July 2023) Summary This case revolves around a patent infringement dispute between two specialist lamp manufacturers, Hereaus Noblelight Limited ("Hereaus") and First Light L...
Unnamed inventors can benefit from s.40 employee compensation, but only if you get there in time
Parsons v Convatec [2023] EWHC 1535 (Pat) Background In this judgment of Mr Justice Zacaroli in the Patents Court, it was held that s.40 of the Patents Act 1977 did not require the inventor, Dr Parsons, to be named as inventor in the patent in orde...
High Court maintains status quo on SPCs: Combination patent cannot get extension using Marketing Authorisation of single active agent
Introduction Newron Pharmaceuticals SPA (patentee) appealed a decision of the Comptroller General of Patents to refuse its Supplementary Protection Certificate (SPC) application on the ground that it did not meet the requirements of Article 3(b) of t...
No Leg to Stand On: Claimant left out of pocket as hopeless case fails to establish design for cargo trousers is original or infringed
KF Global Brands Ltd v Lead Wear Ltd & Ors [2023] EWHC Introduction This case concerned allegations of infringement of UK unregistered design rights (UKUDR) which were claimed to subsist in the design of the Claimant’s BKS-001 cargo trous...
Advanced Bionics v Med-El – Court of Appeal upholds invalidity of patent
This case concerns European Patent EP 3138605, relating to a cochlear implant, modified to allow the wearer to undergo MRI scanning. A cochlear implant is a small electronic device that assists a person who is profoundly deaf to perceive sound, and is ...
Sandoz v BMS – Court of Appeal grapples with plausibility again
Sandoz Limited v Bristol-Myers Squibb Holdings Ireland Unlimited Company; Teva Pharmaceuticals Industries Limited v Myers Squibb Holdings Ireland Unlimited Company [2023] EWCA Civ 472 The Supreme Court in Warner-Lambert v Actavis confirmed the princi...
Preserving the strict deadline of urgency in patent preliminary injunction proceedings
A discussion of: Regional Court Düsseldorf, Judgement of December 15, 2022 – 4 a O 91/22, „Solarzelle II“ (German language source: link) Regional Court Munich I, Order of July 20, 2022 – 7 O 6982/22, „Bor...