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No Country for New Laws
Trailblazing developments in Artificial Intelligence have left a litany of complex legal cases in their wake, and judges are tasked with deciding how old law should be interpreted against the backdrop of this technological revolution. Comptroller-Gen...
Court of Appeal affirms death of Bayer’s blood clotting patent in expedited hearing
The Court of Appeal announced at the conclusion of the hearing, on 16 May 2024, that Bayer’s appeal in the rivaroxaban litigation against a finding of invalidity following challenges by a number of generic pharmaceutical companies, which we have ...
Charged Up: Are we missing the potential of domestic battery storage for the energy transition?
It’s accepted that batteries will play a more and more important role in managing electricity demand as we transition to a greater proportion of renewables, but have we been thinking about them in the wrong way? I read a fascinating article on us...
Court of Appeal takes AIM at attempts to show knock-on effect of pragmatic case management
Supponor Ltd v AIM Sport Development AG [2024] EWCA Civ 396 In a judgment handed down on 23 April 2024, the Court of Appeal dismissed Supponor’s appeal against the decision of Meade J in the High Court finding AIM Sport’s European Patent ...
Blood drains from Bayer patent as it is found to be non-inventive
We previously reported on Bayer’s application seeking an interim injunction against a number of generics companies to protect its rivaroxaban product (link) ahead of the imminent judgment on validity of the patent EP (UK) 1 845 961 (the “EP...
To Injunct Or Not To Injunct?
Judge Asked To Grant A 9/10 Day Interim Injunction to Protect Bayer’s Anticoagulant Rivaroxaban Ahead of Main Judgment Pharmaceutical company, Bayer found success in its application seeking an interim injunction, lasting just 9-10 days, to prot...
Balancing Expertise: Mellor J's Ruling on Scientific Advisers vs. Expert Evidence
Hill v Touchlight Genetics Ltd & Ors [2024] EWHC 533 (Pat) (08 March 2024) Summary This judgment concerns a novel issue in the Patents Court which arose at the second CMC in this action, regarding whether the Court should appoint a scientific a...
Maternity wear retailers Seraphine Limited and Mamarella GmbH clash over serving proceedings out of the Jurisdiction
Background The Claimant Seraphine Limited (“Seraphine”) a maternity wear retailer had a trading relationship with the Defendant Mamarella GmbH (“Mamarella”), a German online retailer selling maternity wear. This relationship c...
Foreign websites which target UK consumers in the court’s sights
Lifestyle Equities CV & Anor v Amazon UK Services Ltd & Ors [2024] UKSC 8 The Supreme Court has recently handed down judgment in a dispute between the owner of the “Beverley Hills Polo Club” trademark, Lifestyle Equities, and inte...
IPEC Refuses to “Doff its Cap” – Stays Firm on Cost Limits
Equisafety v Battle [2024] EWHC 283 (IPEC) Summary This case was originally a trade mark and passing off dispute between two entities over the use of the word mark “mercury” in relation to high visibility equestrian products being markete...
Denial of Interim Injunction Favours Start-up Amid Concrete Delivery Patent Dispute
Cloud Cycle Ltd v Verifi LLC & Anor [2024] EWHC 233 (IPEC) (07 February 2024) Summary This action concerns a claim by Cloud Cycle Limited (“CCL”) for a declaration of non-infringement of EP (UK) 1 720 689 (the “Patent"), relat...
Abbott v Dexcom [2024] EWHC 36 (Pat)
Abbott v Dexcom [2024] EWHC 36 (Pat) Background The first UK battle held in the wide-ranging (both in terms of number of patents and geographical area) patent fight between Abbott and Dexcom has ended in a stalemate. Mr Justice Mellor has found two...
Be careful what you wish for - Court of Appeal refuses to let party rely on argument it had dropped multiple years ago
Lufthansa Technik AG v Astronics Advanced Electronic Systems & Ors [2023] EWCA Civ 1306 The Court of Appeal has denied Lufthansa permission to rely on certain arguments at an upcoming damages inquiry as part of its long running litigation with Pa...
What a relief! Court of Appeal permits a party to rely on evidence served two years late
Lufthansa Technik AG v Panasonic Avionics Corporation [2023] EWCA Civ 1273 The Court of Appeal has granted Panasonic an extension of time to a deadline so that they can rely upon a witness statement served two years after the deadline. This is on the...
Astellas’ Validity Success Not Enough to Catch Competitors’ Products on Overactive Bladder Treatment
The High Court has handed down its judgment in Astellas v Teva and Sandoz regarding Astellas’ patent covering treatment for overactive bladder. The High Court found Astellas’ patent valid but not infringed by Sandoz’s generic product....
The Online Safety Bill*
*The Online Safety Act became law on 27 October 2023. Please see our article about the new law below. Following a long gestation, the Online Safety Bill (OSB) has been published with the intention that it come into effect later this month. It is a b...
Lonnie Johnson, Black History Month 2023
This is the second article in our series as we celebrate Black History Month. One individual who has left a mark on the world is Lonnie Johnson, the mind behind the iconic Super Soaker. In this article, we will look at his journey to creating the Super...
Expert’s Attempt to Swot-up in Patent Dispute is Insufficient to Comply with Court Requirements in Sycurio v PCI-PAL
PCI-Pal succeeded in the High Court of England & Wales in its patent dispute with Sycurio. Sycurio’s patent was found invalid for obviousness. But even if Sycurio’s patent had been found valid, there would have been no finding of infrin...
Remember to seriously consider Part 36 Offers!
Background This is a judgment on costs for a probate case, where the case law for analysing whether a communication should be considered ‘without prejudice’ was discussed. This was then followed up with the application of CPR Part 36. T...
Parties and their lawyers will have to reveal how the sausage is made.
Cook UK Limited v Boston Scientific Limited & Ors [2023] EWHC 2163 (Pat) A little over two years ago a new practice direction, called PD57AC, was issued regarding the preparation of witness statements for trial in the Business and Property Courts...
Mr Justice Zacaroli shines a light on claim construction in patent dispute for glass lamps
Heraeus Noblelight Ltd v First Light Lamps Ltd [2023] EWHC 1950 (Pat) (31 July 2023) Summary This case revolves around a patent infringement dispute between two specialist lamp manufacturers, Hereaus Noblelight Limited ("Hereaus") and First Light L...