Cases You Should Know About

Here is a list of some recent intellectual property and other cases that I you may wish to read.

I have commented on some of some of those cases in articles and case notes on this or one of my other blogs:








Court of Appeal

Aerotel Ltd v Wavecrest Group Enterprises Ltd
20 May 2009

[2009] EWCA Civ 408

Obviousness, software implemented invention

Patents Court: Peter Prescott QC

Folding Attic Stairs Ltd v The Loft Stairs Company Ltd and Another

9 June 2009

[2009] EWHC 1221 (Pat)

What constitutes an enabling disclosure

Construction of claims: words of intentionality

Arnold J

NS Group Holdings Ltd. v Nielsen Media Research Inc
20 May 2009

[2009] EWHC 1160 (Pat)

Whether there is discretion to strike out a valid claim under CPR 3.4 (see also Shah v Ul-Haq below).

Judicial discretion to stay a case to abide the outcome of opposition proceedings in the European Patent Office.

Case Note

29 May 2009

IP/IT Update blog

Fioyd J

Leo Pharma v Sandoz Ltd

15 May 2009

[2009] EWHC 996 (Pat)

Anticipation and obviousness. Windsurfing principles as amplified by Pozzoli applied.

Case Note

29 May 2009 IP/IT Update blog

Trade Marks

Chancery Division: Arnold J

Interflora, Inc and Another v Marks & Spencer Pl

22 May 2009

[2009] EWHC 1095 (Ch)

Google “AdWords”: whether purchase of sponsored links and searches infringes a trade mark. Reference to the European Court.

Discussed in “Trade Marks and E-Commerce”

24 May 2009

IP/IT Update blog

Arnold J

L'Oreal SA & Ors v EBay International AG & Ors
22 May 2009

[2009] EWHC 1094 (Ch)

Whether a trade mark is infringed by sponsored links and searches and the scope of the defence in art 14 of the E-Commerce Directive.

Discussed in “Trade Marks and E-Commerce”

24 May 2009

IP/IT Update blog

Geoffrey Hobbs QC

Daimler AG v Sany Group Company
14 May 2009

[2009] EWHC 1003 (Ch)

Practice: whether CPR Part 24 is appropriate to a case that requires a comparison of similar signs and similar goods

Case Note

28 May 2009 IP/IT Update blog

Trade Marks Registry: Mrs Corbett

Sparklycard, Barclays Bank Plc v Snelgrove

BL No. O/104/09

Opposition on the ground of an earlier mark.

Domain Names

WIPO: Jane Lambert Intesa Sanpaolo S.p.A. v. George Papadakos

Case No. D2008-1531

Whether parking a domain name on an “under construction” page that generates sponsored links or searches is necessarily evidence of bad faith.

Discussed in “Trade Marks and E-Commerce”

24 May 2009

IP/IT Update blog


Court of Appeal

Shah v Ul-Haq and Others 9 June 2009

[2009] EWCA Civ 542

Whether there is jurisdiction under CPR 3.4 to strike out a valid statement of case on the grounds that there has been fraud in an associated claim

Chancery Division: Stephen Smith QC

Hayim and Others v Couch

15 May 2009

[2009] EWHC 1040 (Ch)

The extent of the court’s jurisdiction t make a declaration before trial

Case Note 28 May 2009 IP/IT Update blog

Business Link

Court of Appeal

Business Link Berkshire & Wiltshire Ltd v Fearn

20 May 2009

[2009] EWCA Civ 455

Circumstances in which Business Link can recoup grants

Case Note 27 May 2009 IP Yorkshire

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