Case Reports

Design drawings: more than meets the eye

A recent judgment handed down by Mr Justice Birss in Sealed Air Ltd v Sharp Interpack Ltd & Anor [2013] EWPCC 23 (30 May 2013) considers the way in which technical drawings in a registered design...

Keywords that infringe – Interflora v M&S

Interflora Inc & Anor v Marks and Spencer Plc & Anor [2013] EWHC 1291 (Ch)On 21 May, Mr Justice Arnold handed down a lengthy judgment in the long running action between Interflora and M&S.

Swarovski’s marksman hits the right target – why Leica should define the correct problem to be solved

Swarovski-Optik KG v Leica Camera AG [2013] EWHC 1227.SummaryAt the Patents Court before Vos J, Swarovski-Optik brought patent infringement proceedings against Leica Camera, who challenged the...

When is an embryo an embryo?

Despite recent guidance, the UK High Court has deemed it necessary to refer a question to the Court of Justice of the European Union (CJEU) that seeks to clarify what is meant by a “human embryo”,...

Darren Smyth blogs for Spicy IP about Glivec decision

In a guest post for the Spicy IP blog, partner Darren Smyth expands upon the issues raised in his earlier post for The IPKat about the decision of the Indian Supreme Court in denying Novartis a...

Glivec decision raises issues over senior courts ruling in patent cases

In his latest IPKat post, Darren Smyth “despairs” at the judgment by the Indian Supreme Court in the recent Glivec decision, refusing the patent application directed to imatinib mesylate in beta...

Nestec SA & Ors v Dualit Ltd & Ors: Poisonous Priority

Darren Smyth’s latest IPKat post is about the recent case of Nestec SA & Ors v Dualit Ltd & Ors concerning Nespresso coffee makers and their coffee capsules.

Omnipharm v Merial – winner gets it spot-on

In Omnipharm Limited v Merial [2013] EWCA Civ 2, the Court of Appeal of England and Wales (CA) upheld a first instance decision to revoke one of Merial’s patents on grounds of insufficiency.

Resolution Chemicals Ltd v H. Lundbeck A/S: SPCs and privity

Darren Smyth’s latest IPKat post concerns the recent decision on a preliminary point in Resolution Chemicals Ltd v H. Lundbeck A/S, and Lundbeck’s SPC for escitalopram.

Three ways of improving the RCD system

At a recent conference in Alicante to mark the tenth anniversary of the EU Registered Community Design, it was proposed by attendee Sir Robin Jacob to look at ways of improving the system.

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...