Showing posts from October, 2018

Trade Marks - Argos Ltd v Argos Systems Inc.

Jane Lambert

Court of Appeal (Lord Kitchin, Lord Justice Floyd and Sir Colin Rimer) Argos Ltd. v Argos Systems Inc.[2018] EWCA Civ 2211 (9 Oct 208)

"Can a US corporation selling construction software only in the Americas under the name ARGOS be sued for infringement of a registered trade mark by a UK based consumer goods retailer who trades mainly in the UK and Ireland under the same name?" asked Lord Justice Floyd at paragraph [1] of the Court of Appeal's judgment in Argos Ltd v Argos Systems Inc [2018] EWCA Civ 2211 (09 October 2018).  His lordship added: "That the question even arises for serious consideration is a consequence of the developments in the European law of trade marks and of the revolution in commerce and advertising brought about by the internet."

The Parties
The "UK based consumer goods retailer" was Argos Ltd. which was referred to in the litigation by the initials "AUL".  That company was the claimant and appellant in these…

"Now we are Six" - The Small Claims Track's Sixth Anniversary

Jane Lambert

Just over 6 years ago the Patents County Court Small Claims Track was launched (see my article Soon there will be a Remedy if Someone steals your Idea19 Sept 2012 NIPC Inventors Club). I was very enthusiastic about the new court and wrote a lot about it as you can see from the bibliography in Small IP Claims31 Jan 2017 NIPC News). 

The reason for my enthusiasm was that it seemed to make IP litigation affordable for thousands of start-ups and other small businesses that felt that the law provided no effective protection for their investments in branding,design,technology and creativity because enforcement of their rights was too expensive and too uncertain.  Before the Civil Procedure Rules came into force in 1999 claims often began with an application for interim injunctive relief.  Most settled when an interim injunction was either granted or refused (if not before) . If the unsuccessful party paid anything at all to the successful party by way of damages or costs the a…

Bayer Plc v NHS Darlington CCG and OthersB

Jane Lambert

Administrative Court (Mrs Justice Whipple)  Bayer Plc v NHS Darlington CCG and others [2018] EWHC 2465 (Admin) 21 Sept 2018

This case was an application by Bayer Plc and Novartis Pharmaceuticals UK Ltd. for judicial review of a decision by 12 clinical commissioning groups  ("CCGs")in Northeast England to offer patients with wet AMD  (age-related macular degeneration) injections of a drug known as Avastin or bevacizumab. The reason for their decision is that Avastin costs £28 per injection compared to £816 for Bayer's EYLEA and £551 for Novartis's Lucentis.  The CCGs had made their decision to save money.  The only problem was that Avastin had been developed for the treatment of cancer and not ophthalmology whereas the other two drugs had been authorized  by the European Medicines Agency for treating wet AMD.

The Challenge
Avastin inhibits a protein known as vascular endothelial growth factor ("VGEF") that stimulates the growth of blood vessels …