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Interim Injunctions: AstraZeneca v Glenmark

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  Jane Lambert Court of Appea l (Lords Justices Coulson, Arnold and Warby) AstraZeneca AB and another v Glenmark Pharmaceuticals Europe Ltd [2025] EWCA Civ 480 (16 April 2025) This was an appeal against Michael Tappin KC's refusal in  AstraZeneca AB and another v Glenmark Pharmaceuticals Europe Ltd (Re Interim Injunction Application) [2025] EWHC 748 (Pat) (28 March 2025)   to grant AstraZeneca AB and AstraZeneca UK Ltd. an interim injunction to restrain Gelnmark Pharmaceuticals Europe Ltd. from selling a product containing dapagliflozin pending a hearing on the form of order following a trial to determine the validity of the first claimant's supplemental protection certificates  for dapagliflozin and a combination of dapagliflozin and metformin.  The appeal was heard by Lords Justices Coulson, Arnold and Warby on 9 April 2025.  At the end of the hearing, the Lords Justices announced that they would allow AstraZeneca's appeal.  Lord Justice Arno...

Trade Marks and Passing Off - easyGroup Ltd v Easy Live (Services) Ltd

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Author Anthony Majanlahti   Licence CC BY 2.0 Deed   Source Wikimedia Commons   Jane Lambert Court of Appeal (Lords Justices Lewison and Arnold and Lady Justice Falk)  easyGroup Ltd v Easy Live (Services) Ltd and others (Rev1) [2023] EWCA Civ 1508 (20 Dec 2023) This was an appeal by the claimant, easyGroup Ltd. ("easyGroup"), against the dismissal by Sir Anthony Mann of its claim for passing off against the defendants, Easy Live Services Ltd. and its shareholders and directors Achilleas Achilleous and Jonathan Burnside, for the reasons set out in Sir Anthony's judgment in  Easygroup Ltd v Easy Live (Services) Ltd and others [2022] EWHC 3327 (Ch) (21 Dec 2022).  easyGroup also appealed against a declaration that the defendants' use of certain signs did not infringe various trade marks owned by easyGroup.  The appeal came on before Lords Justices Lewison and Arnold and Lady Justice Falk on 13 Dec 2023.  By their judgment of 20 Dec 2023, they u...

Discretion in Awarding Final Injunctions- Lidl v Tesco

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  Jane Lambert Business and Property Courts of England and Wales, Intellectual Property List ( Mrs Justice Joanna Smith) Lidl Great Britain Limited and another v Tesco Stores Ltd and anothe r [2023] EWHC 1517 (Ch) (21 June 2023) In Trade Marks - Lidl v Tesco   which I posted to this blog on 1 May 2023 I discussed Mrs Justice Joanna Smith's judgment in ) Lidl Great Britain Limited and another v Tesco Stores Ltd and another [ 2023] EWHC 873 (Ch) (19 April 2023),  In that case Lidl Great Britain Ltd and Lidl Stiftung & Co KG ("Lidl") sued Tesco Stores Ltd and Tesco Plc ("Tesco") for copyright \and trade mark infringement and passing off. Tesco counterclaimed for cancellation of some of Lidl's marks,  By her judgment of 19 April 2023 the judge found for Lidl on its claim and Tesco on part of its counterclaim. Outstanding Issues The parties agreed that Tesco was entitled to an injunction to restrain trade mark infringement and passing off but Tesco objecte...

Disclosure - Anan Kasei Co. Ltd v Neo Chemicals & Oxides (Europe) Ltd

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Ceric Oxide Author  Walkerma  Reproduced with kind permission of the copyright owner C   Jane Lambert Patents Court (Mr Justice Mellor) A nan Kasei Co. Ltd and another  v Neo Chemicals & Oxides (Europe) Ltd and another [2021] EWHC 2825 (Pat) (22 Oct 2021) This was a dispute over the terms on which documents containing confidential information relating to the business of the claimants and to two of their trading partners ("Party A" and "Party B") could be disclosed to the defendants.  Those documents were: I. a single (electronic) document called the corrected Sales CM Report that had hitherto been provided to the defendants on an External Eyes Only (EEO) basis. II. a category of documents comprising the claimants' extended disclosure that had also been supplied to the defendants on an EEO basis. III. a Supply & Purchase Agreement made between the claimants and Party A IV. the Party A Licence Agreement, Amendment #1 to the Supply & Purchase Agr...