Case Reports

The Hargreaves Review: Destinations without Routes

By Andrew Sharples, Partner and head of EIP LifeDigital Opportunity: A Review of Intellectual Property and Growth (commonly known as The Hargreaves Review) was published on 18 May 2011.

Latest on Virgin Atlantic flat-bed seat patent dispute

A recent judgment has clarified the consequences for a court order based on a successful UK finding of patent infringement when that same patent is later amended at the EPO.

Anheuser-Busch v Budvar

European Court of Justice: Case C-96/09 P A recent appeal to the European Court of Justice (ECJ) in relation to the ongoing trademark dispute between Anheuser-Busch and Budvar has highlighted several...

Cross undertaking for damages negated by extra-national infringement

In this case the patentee Servier had obtained an injunction against the defendant Apotex for the sale of a generic copy of the drug Perindopril Erbumine.

Making or Repairing? Schütz v Werit and the ‘Whole Inventive Concept’ Test

The Court of Appeal judgment ([2011] EWCA Civ 303) in Schütz v Werit has shed some light on the appropriate test for deciding whether a given act of reconditioning of a patented product constitutes a...

When is a transmission not a transmission?

A recent case in the English courts raises questions that could affect the way global business is performed over the internet. Since 1998, databases have been protected in the UK under a ‘sui...

Keyword advertising and trademark infringement: The Advocate General's opinion

A few years ago, Google decided to allow businesses in the US and in the European Union to buy Google AdWords consisting of their competitors' registered trademarks so that anyone can bid on a...

Post-sale confusion is relevant and potentially damaging

A recent UK court decision has concluded that, in appropriate circumstances, post-sale confusion could be used to demonstrate a likelihood of confusion when potential trademark infringement was being...

To be, or not to be, that is the European patent

It seems a single EU patent, covering all the EU Member States other than Spain and Italy, may become a reality. How this would be litigated, however, remains unclear.

Post-grant amendment, Court discretion and narrowing scope for wider rights

A recent High Court decision demonstrates that a post-grant amendment may still be rejected in the UK at the discretion of the court. The amendment was rejected as even though the scope of the...

Registering Trademarks To Improve Your Position In Litigation

Two of the numerous factors to be weighed when deciding on UK or European Community (CTM) registration are: intent to use: still a prerequisite for a valid UK application, although not a CTM;speed of...

Counterfeits in Transit: The Advocate General's Opinion

It is not uncommon for counterfeit goods to pass through the EU in transit to their final destination. This raises the question of whether such goods fall within the jurisdiction of the EU, and can...

The latest dispatches from the Budweiser wars

Advocate General Verica Trstenjak recently gave her opinion on questions referred to the European Court of Justice by the UK Court of Appeal regarding the latest dispute in the complex on-going...

Put up or shut up: Nokia vs IPCom

This appeal decision demonstrates the importance of considering potential patent amendments early in litigious proceedings. The appeal was concerned with two patents which were part of a larger...

Simon Stanes blogs for The IPKat on the cancellation of Innocent smoothie trademarks

Simon Stanes, the head of EIP Brands, has posted as a guest blogger for The IPKat following the cancellation of two CTM registrations owned by the makers of Innocent smoothies.