Case Reports

Abuse of Process – Patentee does not have to assert all known means of infringement

A decision from Mr Justice Birss inAdaptive Spectrum And Signal Alignment Inc v British Telecommunications Plc[2014] EWHC 4194 has introduced additional complications for parties found to infringe a...

Safeners can be active substances for purposes of supplementary protection certificates, says CJEU

C‑11/13 Bayer CropScience AG v Deutsches Patent- und MarkenamtThe Court of Justice of the European Union rules that a supplementary protection certificate (SPC) can be granted in respect of a safener.

Trademarks in sport

A strong brand, and trademark protection, create business value. Indeed, intellectual property can become a company’s most valuable asset. Branding in sport is big business.

Alice explained – US Supreme Court decision on computer-implemented inventions

The question presented in Alice was whether claims directed to a computer-implemented scheme for mitigating “settlement risk” are patent eligible under 35 U. S. C. §101.

YouView facing a re-brand after High Court ruling on trademark infringement

In the latest decision of a long-running battle over use of the trademark “youview”, the High Court issued a decision, this week, that may require the £100 million internet television service to...

Benefits for UK businesses as the Intellectual Property Act receives Royal Assent in the UK

UK Intellectual Property law was enhanced last week when the Intellectual Property Act 2014 (IP Act) was given Royal Assent. It is expected that the IP Act’s provisions will start to come into force...

Uncertainty remains over medical device SPCs in Europe

The UK Intellectual Property Office has refused to grant an SPC for a medical device, as noted in the decision BL O/141/14. Whilst those aware of the SPC legislation may not find this surprising, a...

Trunki decision overturned based on different interpretation of scope of design

A recent decision of the Court of Appeal of England and Wales has highlighted again the importance of the form and amount of detail shown in the views (formally called “representations”) of a design...

Cosmetic Warriors in the High Court

In Cosmetic Warriors Limited & Lush Limited v Amazon.co.uk Limited & Amazon EU SARL, Mr John Baldwin QC (sitting as deputy judge) found that the aforesaid Amazon companies (collectively referred to...

Betty Boop as a badge of origin

In Hearst Holdings Inc & Anor v A.V.E.L.A. Inc & Ors [2014] EWHC 439 (Ch) Mr Justice Birss held that A.V.E.L.A. Inc. and its co-defendants (together “AVELA”) have infringed Hearst Holdings Inc.

No Glee in the UK with Reverse Confusion

Roger Wyand QC (sitting as a Deputy High Court Judge) recently handed down judgment in Comic Enterprises Limited v Twentieth Century Fox Film Corporation [2014] EWHC 185 (Ch).

The sticky question: when is a GUI-related invention “technical”?

Case law on the European Patent Office’s approach to non-technical inventions is quite a minefield. This is particularly so in relation to inventions that involve a presentation of information.

Depressing result for Lundbeck as Resolution not kept down by legalities - the narrow scope of Privity of Interest

Resolution Chemicals Ltd v H Lundbeck A/S Court of Appeal (Civil Division), 29 July 2013Lundbeck’s patent for the pharmaceutical enantiomer escitalopram has been extensively litigated worldwide.

Quicker, cheaper, easier!

Two sets of changes to the framework for proceedings between parties in intellectual property (IP) disputes in the UK were both introduced on 1 October 2013.

FA Premier League takes the lead in battle against linking to infringing match content

Football Association Premier League Ltd v British Sky Broadcasting Ltd and others [2013] EWHC 2058 (Ch)SummaryBy way of a hearing on 16 August 2013, the Football Association Premier League (“FAPL”),...