Case Reports

Neurim presses on with UK action over insomnia patent despite parallel EPO proceedings

Neurim has been allowed to continue its case in the UK, in which it is seeking an injunction against Defendant Mylan for selling its generic melatonin product, which Neurim says infringes its...

Rhodia v Neo: An exceptional course for confidentiality

The UK High Court maintained "external eyes only" protection for a class of documents central to the Claimants' loss of profits claim in an inquiry as to damages.

The Fight to Protect Copyright Content from Unlicensed Streaming Websites

Columbia Pictures, Disney, Netflix & Ors v British Telecommunications, Sky, Virgin & Ors [2021] EWHC 2799 (Ch)The applicants (the "Studios") are members of popular studio groups who own the copyright...

Proud to be limitless

Dear young Vanessa,I know you’re about to undergo another operation, in fact I’ve lost count. You were born with a congenital deformity, despite having many surgeries, it’s a long- term condition but...

Stone v Wenman: The Trademark Battle of Two Spiritual Therapists, ‘Archangel Alchemy’

Claire Stone (“Stone”) pursued a trademark infringement case against Alexandra Wenman (“Wenman”) for the use of the sign “ARCHANGEL ALCHEMY”. Wenman made a counter claim for passing off which...

Unitary Patent and Unified Patent Court - finally happening?

The project to establish a Unitary Patent in Europe and a Unified Patent Court to handle patent infringement litigation for European patents is underway again.

Music copyright case discusses originality requirement

Kelly-Marie Smith, a singer/songwriter and member of the Voice UK duo Nu-Tarna, brought a copyright action against nine defendants including members of the band “Rudimental” and James Newman.

Ask the Experts: What can I do if someone is using my invention without my permission?

In the previous articles, we looked at the mechanics of filing a patent application. In this last article of our ‘Ask the Experts' series, we will be addressing some of the other ways in which a...

Should I get my Patent Application to Grant as Fast as Possible?

Why do patents take so long to grant?Progressing a patent family through to grant can take a notoriously long amount of time, particularly when an applicant is looking to protect their invention in a...

How could internal combustion engines help drive decarbonisation?

Last week, the UK Government announced that sales of new petrol and diesel heavy goods vehicles (HGVs) will be banned by 2040. The UK's Road Haulage Association supports the aim, but in a press...

If you claim ‘a duck’, does it have to quack? - Construction of technical terms

IntroductionIt is said that ‘if it walks like a duck, and quacks like a duck, then it probably is a duck'. However, if a claim refers to ‘a duck' feature, what does that imply about how the claimed...

Fox v Teleta: a Cautionary Tale for Potential Claimants

Fox Group International Ltd (“Fox”) pursued a claim for trade mark infringement and passing off against Teleta Pharma Limited (“Teleta”) but later discontinued after establishing the goods were...

Add2 Research and Development Ltd v dSPACE – Judge asked to consider pre-action protocol for patent actions

Add2 Research and Development Ltd v dSPACE Digital Signal Processing & Control Engineering GMBH & Anor [2021] EWHC 1630 (Pat) (https://www.bailii.org/ew/cases/EWHC/Patents/2021/1630.

United States v. Arthrex - An Executive Dysfunction

The United States Supreme Court issued a ruling on United States v. Arthrex on Monday 21 June, addressing the constitutionality of the way in which the Patent Trial and Appeal Board (PTAB) is...

Nike Just Do It Again in “FOOTWARE” Trade Mark Dispute Against Puma

The UK High Court dismissed Puma SE's ("Puma") appeal against UK IPO decision O-415-20 (the "Decision") relating to the registration of the word mark "FOOTWARE" by Nike Innovate C.V ("Nike).