Updates
The Unitary Patent System is on the way
We reported last year that the Unitary Patent and Unified Patent Court (UPC) were progressing. The main hurdle left to clear was sufficient countries ratifying the Protocol on the Provisional Application of the UPC Agreement to allow the provisional ap...
Tilting At Windmills
A few weeks ago, I wrote an article for Pride Month. I sat down, started to write, and the next thing I knew it was two hours later and I had eight pages of righteous anger and elaborate verbiage burning smoking holes in the page in front of me. Someth...
IP considerations arising from increased micro mobility competition
Following the Queen’s Speech, and years of consultations and lobbying from the micro mobility sector, it looks like the e-scooter industry is in for a bumper year. The vehicles have until now been legal to buy, yet illegal to use on the UK’s public roa...
Are open-source patent portfolios the key to the EV revolution?
The widespread rollout of electric vehicles is viewed as a crucial part of the UK’s green revolution. When discussing how this can be achieved, charging infrastructure is often cited as the key to ensuring the appeal and accessibility of electric vehic...
Patents Court affirms power to grant injunctions for pre-grant patents, but refuses injunction for Novartis
Swiss drug-maker, Novartis, sought a preliminary injunction to keep Teva and four other generics off the market for its prescription-only relapse remitting multiple sclerosis treatment, fingolimod, sold under the brand name “Gilenya”. The Patents Court...
High Court refuses Neurim and Flynn interim injunction against Teva in third instalment of melatonin product dispute
In the third chapter of Neurim and Flynn’s dispute with generic companies, Mr Justice Mellor refused the Claimants’ application for an interim injunction against generic giant, Teva, on the basis that Teva would not be adequately compensated by damages...
Not a “FUNTIME” in Court for toy manufacturer after trademark infringement claim in IPEC fails
This judgment concerns a claim for infringement of a UK and EU registered trademark brought in IPEC by Luen Fat Metal and Plastic Manufactory Co Ltd (the “Claimant”) against Funko UK, Ltd (the “Defendant”). Background The Claimant is a manufacturer of ...
The Club isn’t the Best Place (to find a DNI), so the Court is where Sheeran Goes
On 6 April 2022, Mr Justice Zacaroli ruled on the highly publicised case involving Ed Sheeran (and others) against Sam Chokri (and others) over Mr Sheeran’s 2017 well-known hit “Shape of You.” The Judge ruled in favour of Mr Sheeran and granted the dec...
Flynn held to be exclusive licensee while both parties at fault on costs in Neurim v Mylan Court of Appeal judgment
On 29 March 2022, the Court of Appeal handed down judgment in relation to appeals made by the Claimants (Neurim and Flynn) on two issues. Overturning Marcus Smith J’s decisions, the Court of Appeal, led by Arnold LJ, found (1) Flynn an “exclusive licen...
Court of Appeal Maintain Status Quo in Neurim v Mylan By Refusing Injunctive Relief
In the latest flurry of judgments to arise from the Neurim v Mylan (now trading as Viatris) battle over Neurim’s insomnia patent and Mylan’s presence on the market with its generic version, we report here on the developments regarding the “Provisional ...
G1/22 & G2/22: Entitlement to priority
Background As shown by the figure above, the applications in question are European stage of an application under the Patent Cooperation treaty (PCT) and its divisional applications. These applications claim priority from a priority application which li...
Failure to serve US company
The US member of an international group of companies has successfully disputed that it has been duly served via the office of its UK subsidiary. Background This case is a patent action against two defendants: (a) Zebra Technologies Europe Ltd (“ZTEL”...
Design Rights and Video Evidence Wrongs
ASR Interiors Limited v 1) AWS Trading Limited and 2) Giatalia International Limited A design rights case that provides an example of the wrong way to give video evidence. Background In 2020, the Claimant a Coventry-based furniture wholesaler ASR Inter...
CHINA TANG vs CHINA TANG
In a clash of a Cantonese restaurant called CHINA TANG and a Chinese takeaway also called CHINA TANG, the former succeeds. Background The Claimants in this case run a Cantonese restaurant called “China Tang” in The Dorchester Hotel, Park Lane, London ...
Neurim v Mylan – Is it finally all wrapped up or is the door still open for round 3?
Following on from Mr Justice Meade’s judgment on the preliminary issues in the re-match between Neurim (and Flynn) and Generics (UK) Ltd (now trading as Viatris but formerly Mylan) concerning a divisional patent and Mylan’s generic melatonin product, w...
Popular tourist design held invalid
A design, which is no doubt familiar to most readers, has been held invalid by Recorder Douglas Campbell QC in a recent IPEC decision (here). Background The Claimant, Mr Erol, brought a claim against Posh Fashion Limited for infringement of his two re...
No points to KnitPro after application to challenge service in IPEC fails
This judgment concerns a three-fold application by the Defendants (together “KnitPro”) brought in the context of a long running trade mark dispute relating to knitting needles. Background In 2013 the US-based Claimant’s predecessor began invalidity pro...
Déjà vu in melatonin rematch as Neurim v Mylan (Take II) marches on in the UK
With a back catalogue to rival Bob Dylan, the latest development in the Neurim – Mylan battle over Mylan’s generic melatonin product saw Mr Justice Meade referee the trial of preliminary issues in December 2021. In relation to earlier decisions invol...
Inventor as Expert, Unable to Ventilate Appropriate Evidence
In Fleur Tehrani v Hamilton Bonaduz AG & Ors [2021] EWHC 3457 (IPEC), heard before the Intellectual Property Enterprise Court, ("IPEC") the court conducted an assessment of the validity of a patent for a method and apparatus for controlling a venti...
Oh Polly to pay substantial damages for unregistered design infringement
Background Original Beauty (“Claimants”) alleged infringement of their unregistered design rights under UK and EU law and that the defendants had passed off their brand “Oh Polly” (“Defendants”) as a sister brand to the Claimants’ “House of CB”. The De...
Developer’s Forensic Examination of Agreement Still Unsuccessful in Appeal Against Former Employer
The Court of Appeal has upheld the first instance judgment in Penhallurick v MD5 Limited and agreed that MD5 Limited (“MD5”) still owns the copyright of the works in this dispute; and thus dismissing Michael Penhallurick’s (“MP”) appeal. The Court of ...