Case Reports

Stepping through Alice’s looking glass: Sir Anthony Mann considers the purpose of DNI actions and unlikely payments of renewal fees

Lisa Dräxlmaier GmbH v BOS GmbH & Co KG [2022] EWHC 2823 (Pat)Background The claimant (Dräxlmaier) sought a declaration of non-infringement under s.71 of the Patents Act (s.

The European Data Protection Board (EDPB) publishes its decision on Meta’s legal basis for its use of personalised adverts

SummaryOn 12 January 2023, the EDPB published its decision (which was actually made on 5 December 2022) (the "Decision") on the dispute between the Irish Data Protection Commissioner (IDPC) and a...

Court of Appeal refuses Arrow declaratory relief for Teva in a stand against forum shopping and jurisdictional overreach

Teva v Novartis [2022] EWCA Civ 1617The fingolimod saga continues between Teva and Novartis. In a hearing dated 28 November 2022 before Arnold, Nugee, and Floyd LLJ, Teva appealed the decision of...

Vernacare Limited v Moulded Fibre Products Limited [2022] EWHC 2197 (IPEC)

BackgroundThe Claimant, Vernacare Limited ("Vernacare"), and the Defendant, Moulded Fibre Products Limited ("MFP"), both manufacture and sell washbowls, which are made from moulded paper pulp as used...

Novartis overloaded with reasons its iron overload treatment Exjade is obvious and not infringed by Teva

Teva v Novartis [2022] EWHC 2847 (Pat)In another patent revocation and infringement counterclaim action between Teva and Novartis, in this instance involving a swallowable tablet version of...

Banksy isn’t monkeying around when it comes to EU trade marks

BackgroundPest Control Office Limited (the "EUTM proprietor"), on behalf of Banksy, sought to register the figurative mark of a monkey wearing a sign (figure 1) in a number of categories, including...

Kigen v Thales: Can an implementer bring a stand-alone claim for FRAND determination?

BackgroundKigen (UK) Limited is a company which produces software relating to eSIM and iSIMs technology. Thales Dis France SA (also known as Gemalto SA) is a manufacturer of electronic systems and...

Intellectual property key UK strength in global semiconductor supply chain – Select Committee Report

A group of influential MPs from the Business, Energy and Industrial Strategy (BEIS)Select Committee has released its Report on the semiconductor industry in the UK.

Information from the UPC Registry

The Registry of the Unified Patent Court maintains a number of Registers which are publicly accessible via their website at www.unified-patent-court.org.

AU VODKA LIMITED v NE10 VODKA LIMITED & LEON HOGAN

Heard by Mr Justice Mellor on 16 September 2022 AU Vodka Ltd v NE10 Vodka Ltd & Anor [2022] EWHC 2371 (Ch) (21 September 2022) (bailii.org) Article written by Alona Andrieieva, qualified Ukrainian...

Alleged copyright infringement in the famous love story that inspired Doctor Zhivago

BackgroundAnna Pasternak ("Pasternak") is the Claimant and author of Lara: The Untold Love Story That Inspired Doctor Zhivago ("Lara"). Lara is a non-fiction, historical book that was published in...

Two giants in the energy drinks game go head-to-head in trademark dispute

Monster Energy appealed a decision refusing Monster's application to register the mark ‘Red Dawg' .At the original hearing Red Bull had opposed registration of the mark and had made out a successful...

Damages pull into the station for Geofabrics

Charlotte May KC recently handed down a comparatively rare judgment, for the Patents Court, in respect of a damages enquiry for infringement of Geofabrics' railway related patent by Fiberweb in...

UKIPO Case Studies Open the Black Box on Examining Patent Applications Relating to AI Inventions

On 22 September 2022, the United Kingdom Intellectual Property Office (IPO) published Enhanced Guidance on Examining Patent Applications Relating to Artificial Intelligence (AI) Inventions (referred...

Significant inventions that have gone under the mainstream radar

Powering KipchogeMost people interested in sports will be aware of Project 1.59 – Eluid Kipchoge's 2019 first sub-2 hour marathon. Technology played a significant part; he had an arrow-shaped...