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:

Topic	Court	Case	Transcript	Issues	Comment
Patents	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	Intesacanda.com: 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
Practice	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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