Posts

Interim Injunctions: AstraZeneca v Glenmark

Image
  Jane Lambert Court of Appeal (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 ...
Post a Comment
Read more

Unregistered Design Rights: Edwards v Boohoo.com UK Ltd and others

Image
Author Hugh Venables    Licence CC BY-SA 2. 0   Source Wikimedia Commons   Jane Lambert Intellectual Property Enterprise Court (Mr Tom Mitcheson KC) Edwards v Boohoo.com UK Ltd and other s  [2025] EWHC 805 (IPEC) (3 Apr 202 5) This was an action for unregistered design right  infringement. The claimant was Sonia Edwards, a fashion designer who promoted her work on Instagram, Facebook, CwtchyCwtchy, and other websites.  CwtchyCwtchy seems to be derived from the Welsh word "cwtch" ,  which can be translated  roughly   as "hug".  Ms Edwards complained that  Boohoo.com UK Limited and its related companies ("Boohoo") infringed design rights in five of her designs by making and selling clothes to those designs.  The action was tried by Mr Tom Mitcheson KC sitting as a deputy judge of the High Court on 30 and 31 Jan 2025. He handed down judgment on 3 April 2025.  By para [151] of his judgment in  Edwards v Boohoo...
Post a Comment
Read more

Patents - DW Windsor Ltd v Urbis Schreder Ltd

Image
Woolston Railway Station Artist Robert Sandham Licence CC BY 2,0   Source Wikimedia Commons   Jane Lambert Intellectual Property Enterprise Court (HH Judge Melissa Clarke)  DW Windsor Ltd v Urbis Schreder Lt d [2025] EWHC 563 (IPEC) (14 March 2025) This was a claim by D W Windsor Ltd. ("DWW")  against Urbis Schréder Ltd  ("US") for the infringement of UK patents  GB 2 495 509 ("'509")  and GB 2 495 566 ("'566")  by the marketing and sale of Alinea Anti-Climb illuminated handrail and a counterclaim by US for the revocation of the patents on the grounds of want of novelty and obviousness. Her Honour Judge Melissa Clarke tried the action and counterclaim on 17 and 18 Dec 2024 and handed down her judgment on 14 March 2025 (see  DW Windsor Ltd v Urbis Schreder Ltd  [2025] EWHC 563 (IPEC)).  In para [124] of her judgment, the learned judge found that claims 1, 6 and 8 (as dependent on claim 7 and claim 1) of '509 were valid and cl...
Post a Comment
Read more

Patents - Well Lead Medical Co Ltd v CJ Medical Ltd

Image
  Kidney Stone Author  Robert R Wal  Licence  Public Domain       Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon) Well Lead Medical Co Ltd v CJ Medical Ltd [2025] EWHC 492 (IPEC) (7 March 2025) This was an action by Well Lead Medical Co Ltd. ("Well Lead") against CJ Medical Ltd ("CJ Medical") for the infringement of EP (UK) 3 760 143 B1 and a counterclaim by CJ Medical for the revocation of that patent under s.72 (1) (a) and (d) of the Patents Act 1977. The action and counterclaim were trued by His Honour Judge Hacon on 3 and 4 Feb 2025.  His Honour handed down judgment on 7 March 2025 (see Well Lead Medical Co Ltd v CJ Medical Ltd [2025] EWHC 492 (IPEC) (7 March 2025)).  By para [150] of his judgment, the learned judge held that claim 3 was valid and infringed but claim 1 was invalid for obviousness. Interim Injunctive Proceedings I have previously discussed Charlotte May KC's judgment in Well Lead Medical Co Lt...
Post a Comment
Read more