Case Reports

Design right re-design – an opportunity for UK business to shape design protection to suit its needs

The UK Intellectual Property Office (UK IPO) has recently published a consultation document on the proposed reform of the UK Designs Legal Framework.

Gimex v Chill Bag: does the indication of the product in a registered design affect validity and infringement?

A Patents County Court judgment by HHJ Birss QC in Gimex v Chill Bag provides guidance on whether the indication of the product in a registered design has any bearing when assessing validity and...

Adducing evidence of confusion in trademark actions – a further move towards tighter control of witness gathering exercises?

Interflora Inc & Anor v Marks and Spencer Plc & Anor [2012] EWHC 1722 (Ch)In a wider action concerning the alleged infringement of two of Interflora’s trademarks through Marks & Spencer’s use of...

Exceptions to the privilege of self-incrimination

On 4 July in Phillips v Mulcaire [2012] UKSC 28 the Supreme Court of the United Kingdom gave judgment on two key issues regarding the privilege against self-incrimination.

Budejovicky Budvar Narodni Podnik v Anheuser -Busch Inc [2012] EWCA Civ 880 (03 July 2012)

The Court of Appeal recently allowed an appeal by Budejovicky Budvar Narodni Podnik (BB), against a decision that found its “Budweiser” mark invalid following an attack by Anheuser-Busch (AB) which...

Patentability of computer programs - High Court judgment gives rise to useful examples of a “technical effect”

(HTC Europe Co Ltd v Apple Inc [2012] EWHC 1789).A further decision in the so-called “smartphone wars” was issued by the High Court recently in relation to a patent dispute between HTC Europe Co Ltd...

IPKat: Further analysis of Generics (t/a Mylan) v Yeda and Teva

In addition to an earlier summary by Darren Smyth of the ruling in Generics (t/a Mylan) v Yeda and Teva, Darren has provided further analysis for the IPKat.

IPKat: Ruling in Generics (t/a Mylan) v Yeda and Teva

Today’s ruling by Mr Justice Arnold (Patents Court, England and Wales) in Generics (t/a Mylan) v Yeda and Teva has been summarised by Darren Smyth for the IPKat.

Samsung victorious in dispute with Apple over tablet computers

Samsung has won a longstanding battle with Apple concerning one of Apple's Registered Community Designs for its tablet computers.The decision is significant because it represents the first...

Confidential Information, In house lawyers and former employees – who has the burden of proof?

Generics (UK) Ltd v Yeda Research & Development Co Ltd & Teva Pharmaceutical Industries[2012] EWCA Civ 726The Court of Appeal has overturned an injunction that prevented an in-house patent attorney...

Darren Smyth's time as IPKat guest blogger comes to an end

Partner Darren Smyth's role as one of the IPKat's guest bloggers has come to a conclusion after six months.He will continue to post intermittently to the IPKat and more regularly to his Blog on EIP...

IPO seeks views on helping SMEs get value from their IP

The UK Intellectual Property Office (IPO) is seeking comments on its proposals to offer support to SMEs to maximise the value of their IP assets.

Apple v Samsung tablet design case latest

The litigation between Apple and Samsung about tablet computers and the alleged infringement of a (Community) Registered Design has been taking place in the High Court this week.

23andMe's first patent causes a rift with customers

A recent IPKat post by Darren Smyth highlights the adverse consumer reaction to the issuance of a patent to a US company 23andMe which offers to sequence your genome and tell you about its...

Referrals to the Enlarged Board of Appeal over procedural matters: a good use of EBA resources?

In a recent IPKat post, Darren Smyth ponders whether the Boards of Appeal of the European Patent Office should be referring cases to the Enlarged Board of Appeal on matters of procedural...