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United Kingdom - February 22 2013
Over the past few months two actions concerning the validity and infringement of IPCom's European Patent EP 1,841,268 (IPCom v Nokia (Claim No: HC 10…
United Kingdom - February 20 2013
In October 2008 a factually complex trade mark infringement and passing off case, involving the interpretation of agreements under Italian Law, came…
United Kingdom - December 18 2012
The applicability of the obvious to try question has been a thorny issue in UK patent law for some time, and the desire for a party seeking invalidity to apply this test has pervaded many recent pharmaceutical patent cases in the UK, particularly where the patent claims a single enantiomer and the prior art indicates that the racemate is pharmaceutically active, or more generally where the compound of the claim was previously disclosed as part of a larger group of potential compounds.
United Kingdom - November 29 2012
In Marks and Spencer Plc v Interflora Inc [2012] EWCA Civ 1501, the Court of Appeal has effectively killed off what was a common place practice of adducing favourable evidence of confusion (or lack thereof depending upon which side of the fence the party is sitting) from members of the public in trademark actions where such witnesses were selected from a wider group of survey respondents (so-called witness gathering exercises).
United Kingdom - August 9 2012
In a wider action concerning the alleged infringement of two of Interflora’s trademarks through Marks & Spencer’s use of several keywords for Google AdWords, Mr Justice Arnold, as part of the case management process, has recently ruled on the admissibility of witness evidence gathered through use of consumer surveys.
