Nestec SA & Ors v Dualit Ltd & Ors [2013] EWHC 923 (Pat)

Patent infringement and validity action: consideration of infringement by supply of essential means under section 60(2).  Application of the judgment in Schutz v Werit on “making”.

[2013] EWHC 923 (Pat)

Public Relations Consultants Association Ltd v The Newspaper Licensing Agency Ltd & Ors [2013] UKSC 18

Henry has been involved in this long running dispute concerning end user licenses in relation to internet articles collated by the Newspaper Licensing Agency. Most recently he appeared in behalf of NLA at the appeal before the Supreme Court. The court was asked to consider the scope of the temporary copying exception to copyright infringement introduced by Article 5.1 of Directive 2001/29/EC. The question for the court was whether the copies of a webpage made on a person’s hard-drive and screen during browsing the internet fell within the exception to infringement.

The Court held that such use would not amount to copyright infringement. The court considered that this was an important issue not only to UK internet users and so made a reference to the European Court of Justice to ensure a uniform application of the law throughout the EU.

 [2013] UKSC 18

32Red V William Hill Gaming [2012] EWCA Civ 19

A dispute about trade marks in online gaming.  The claimant’s mark 32RED held to be valid and infringed by 32Vegas at first instance and on appeal.  Reported at [2011] ETMR 21 and [2011] RPC 26 (HC), [2012] ETMR 14 (CA)

Following the trial and appeal the inquiry as to damages has now taken place.  It was heard by Newey J at the end of February 2013. [2013] EWHC 815 (Ch)

W.S Foster & Son Ltd v Brooks Brothers UK Ltd [2013] EWPCC 18

This was a claim for passing off by Foster & Son, a bespoke shoemaker in Jermyn Street, against Brooks Brothers.   It concerned their respective uses of a logo first used by the shoemakers Bartley & Son in the 19th century.  The case raised a series of issues on honest use, concurrent goodwill and abandonment and extinction of goodwill. The trial was heard in February 2013.

W.S Foster & Son ltd v Brooks Brothers UK Ltd [2013] EWPCC 18

Glenmark Generics (Europe) Ltd & Anor (t/a Mylan) v The Wellcome Foundation Ltd & Anor [2013] EWHC 148 (Pat)

Claim for revocation of a drug combination patent (atovaquone and proguanil sold as the antimalarial Malarone).  Use of the combination in clinical trials had been disclosed before the priority date.  The patentee argued that the skilled person would disregard this disclosure.  Arnold J rejected this argument and revoked the patent for lack of inventive step

Glenmark Generics (Europe) Ltd & Anor (t/a Mylan) v The Wellcome Foundation Ltd & Anor [2013] EWHC 148 (Pat)

Apple v Samsung [2012] EWCA Civ 1339

The registered design dispute in which Apple alleged that Samsung’s Galaxy Tabs infringe one of its registered designs filed during the development of the iPad.  The action began with a dispute about whether the proceedings should be stayed, finally resolved by the Court of Appeal in favour of them continuing: see [2012] EWCA Civ 729.  The trial was heard by Judge Birss in the High Court who held that the design was not infringed because the Samsung design was not as cool as Apple’s: see [2012] EWHC 1882 (Pat).  The appeal was heard in September 2012 and the decision was handed down in October [2012] EWCA Civ 1339.