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Balancing Free Speech and Fair Competition: How Section 12(3) HRA Applies to Threats
Bargain Busting Ltd v Shenzhen SKE Technology Co Ltd & Ors [2025] EWHC 1239 (Ch) Summary This judgment concerns an application by the first Defendant for an interim injunction to restrain the Claimant from making threats of proceedings for trad...
Plausibility at the forefront of the UK High Court’s decision in finding AstraZeneca’s patent covering blockbuster diabetes drug invalid
Following hot behind the interim injunction decisions regarding the same subject matter between AstraZeneca and Glenmark (and covered previously in this newsflash here), on 28 April 2025, the High Court handed down its judgment on validity of the paten...
Court of Appeal overturns High Court’s decision and grants interim injunction to AstraZeneca against Glenmark
AstraZeneca v Glenmark has seen the parties visiting the courts several times since the validity trial (heard in March of this year) over the past few weeks. This case relates to AstraZeneca’s blockbuster drug Forxiga, used to treat type II diabe...
Prevayl v Whoop [2025] EWHC 399 (IPEC)
His Honour Judge Hacon has found that Prevayl’s patent for a smart bra was invalid for obviousness over two pieces of prior art. However, had the patent been valid, Whoop would be indirectly infringing the patent by the sale of its “Whoop b...
Incomplete secondary evidence pleaded late in proceedings has no chance against prima facie obviousness in High Court decision
A 163-page judgment for Pfizer Limited v. GlaxoSmithKline Biologicals S.A. & Anor [2024] EWHC 2523 was handed down on 7 October 2024 by Mr Justice Mellor. The decision concerns the requirements of secondary evidence with respect to obviousness, par...
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 ...
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...
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...
Design Piracy or Functional Necessity: Court Rules on Breast Pump Battle in Chiaro Technology Limited v Mayborn (UK) Limited
The Claimant, Chiaro Technology Limited (“Chiaro”), is the owner of a number of registered designs of which several are incorporated into its product the ‘Elvie’, a wearable breast pump. Chiaro alleged that the Defendant, Maybor...
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...
Cheers and confusion: General Court agrees that STONE and STONES are one and the same
This article first appeared in WTR Daily, part of World Trademark Review, in July 2023. For further information, please go to www.worldtrademarkreview.com. The EUIPO upheld Molson Coors’ opposition against STONE BREWING in Class 32 based on e...
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...
Unnamed inventors can benefit from s.40 employee compensation, but only if you get there in time
Parsons v Convatec [2023] EWHC 1535 (Pat) Background In this judgment of Mr Justice Zacaroli in the Patents Court, it was held that s.40 of the Patents Act 1977 did not require the inventor, Dr Parsons, to be named as inventor in the patent in orde...
High Court maintains status quo on SPCs: Combination patent cannot get extension using Marketing Authorisation of single active agent
Introduction Newron Pharmaceuticals SPA (patentee) appealed a decision of the Comptroller General of Patents to refuse its Supplementary Protection Certificate (SPC) application on the ground that it did not meet the requirements of Article 3(b) of t...
No Leg to Stand On: Claimant left out of pocket as hopeless case fails to establish design for cargo trousers is original or infringed
KF Global Brands Ltd v Lead Wear Ltd & Ors [2023] EWHC Introduction This case concerned allegations of infringement of UK unregistered design rights (UKUDR) which were claimed to subsist in the design of the Claimant’s BKS-001 cargo trous...
Advanced Bionics v Med-El – Court of Appeal upholds invalidity of patent
This case concerns European Patent EP 3138605, relating to a cochlear implant, modified to allow the wearer to undergo MRI scanning. A cochlear implant is a small electronic device that assists a person who is profoundly deaf to perceive sound, and is ...