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Monthly Archives: May 2009
Patents: Leo Pharma v Sandoz Ltd.
In Leo Pharma (a/s Leo Laboratories Ltd) v Sandoz Ltd [2009] EWHC 996 (Pat) (15 May 2009) the defendant admitted that it had infringed the patent in suit but contended that the patent was invalid for lack of novelty and obviousness. … Continue reading
Posted in anticipation, Leo Pharma, obviousness, Patents, Sandiz
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Patents: TNS Group Holdings Ltd. v Nielsen Media Research Inc
A fascinating little case on judicial discretion. The claimant in TNS Group Holdings Ltd. v Nielsen Media Research Inc. claimed the revocation of the defendant’s patent for a television audience management measurement system. It had also launched opposition proceedings in the … Continue reading
Posted in CPR 3.4, jurisdiction, oppositionm TNS v Nielsen, Patents, stay
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Trade Marks: Daimler AG v Sany Group Company Ltd
In Daimler AG v Sany Group Company Ltd [2009] EWHC 1003 (Ch) (14 May 2009) the registered proprietor of the following marks sought injunctions and other relief against Sany Group Co. Ltd. in respect of its use of the following sign: … Continue reading
Posted in Dailer, Sany, summary judgment, Trade Marks
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Jurisdiction to make Declarations before Trial: Hayim v Couch
It takes a lot of courage for a deputy judge to extend the envelope of settled practice and Mr. Stephen Smith QC is to be congratulated for doing just that in Hayim and others v Couch [2009] EWHC 1040 (Ch). In this … Continue reading
Posted in Couch, CPR, declarations before trial, Hayom
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Trade Marks and E-Commerce: L’Oreal and Interflora
Over the last few months there have been a spate of claims by luxury goods manufacturers against eBay. In RG 07/11365 L’Oréal SA c eBay France SA in which the Tribunal de Grande Instance of Paris dismissed trade mark infringement claims by L’Oréal against … Continue reading
Posted in e-commerce, eBay, in-line auction, Interlora, L'Oréal, Marks and Spencer, Trade Marks
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IP/IT Update 