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

If you want instant, pithy reaction to a new decision or simply an alert that it is there, just search for @nipclaw or follow me on twitter at http://twitter.com/nipclaw.

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About Jane Lambert

I am a barrister specializing in intellectual property, technology, media and entertainment and competition law. I specialize in helping SME (small and medium enterprises) protect and exploit their investment in brands, design, technology and the arts. SME require intellectual property (legal protection for their intellectual assets) at least as much as big business but their limited means restrict the way they can use it. Looking after such clients wisely requires skills and knowledge which have taken me years to learn.
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