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"No veneer in 'ere": separating the wood from the MDF
07 August 2017In what is a highly unusual volte-face, an advertiser has succeeded in turning the tables on the Advertising Standards Authority (ASA).
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Squeezed out of validity and into the jurisdiction
13 July 2017UCB licensed Chugai rights to its tocilizumab patents. The licence contained an exclusive jurisdiction clause in favour of the English courts. Only one US patent remained in force. Chugai wanted a declaration that its tocilizumab products (sold only in the US) fell outside of the scope of the last patent and accordingly no royalty payments were due under the licence.
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Sandoz & Hexal v Searle & Janssen Sciences Ireland: What is the formula for patent extensions?
13 July 2017The UK High Court has held that a pharmaceutical product claimed only within a Markush formula and not expressly referred to in the patent was protected by the patent for the purposes of obtaining a Supplementary Protection Certificate (SPC).
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UPC – UK moves forward whilst Germany stalls
13 July 2017The Unified Patent Court (UPC) is intended to provide a regional forum resolve patent disputes. UPC decisions will have effect in all 25 states participating in the UPC, providing a single forum to resolve disputes.
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The Gambling Commission serve some stark warnings to operators
10 July 2017The Gambling Commission has slapped its first advertising-related fine against an online gambling operator for advertising that was deemed to fall foul of social responsibility rules and come to a settlement with another operator.
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The ICO cracking down on the use of personal data to promote online gambling
10 July 2017The ICO has learned that there has been a "large numbers of spam texts linked to the gambling sector", and is therefore clamping down on how companies/affiliates use personal data to promote online gambling.
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The CMA’s fight with online gambling companies
10 July 2017The Competition and Markets Authority (CMA) is upping the ante against online gambling companies by increasing its enforcement action against those suspected of breaching consumer law. The CMA believes that often customers are not getting the deal they expected when signing up, due to misleading promotions and unfair terms within the promotion.
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A milestone for R&D agreements?
06 July 2017R&D agreements can often cover commercially significant and highly technical subject areas. In Astex Therapeutics Limited v AstraZeneca AB [2017] EWHC 1442 (Ch) the court has had to decide on the interpretation of an R&D agreement and whether certain “collaboration compounds” were within the scope of the agreement, triggering milestone payments or not.
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Size doesn’t matter (so says the ICO about recipients of big fines for data breaches)
03 July 2017If you thought that you’re too small a business to have to bother about data protection, then think again.
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Servicing trade mark infringement
22 June 2017The use of a third party trade mark to provide information or describe a service being offered does not necessarily constitute trade mark infringement. Where the use of a trademark goes beyond that and creates an impression in the average consumer that the particular serviced is authorised by the trade mark owner, this will constitute an infringement.
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Validly serving a Statutory Demand is a prerequisite for presenting a Bankruptcy Petition
22 June 2017The court has stressed the importance of validly serving a Statutory Demand before presenting a Bankruptcy Petition. The creditor must do all that is reasonably required to bring the service of the Statutory Demand to the attention of the debtor. Without effectively serving a Statutory Demand on the debtor, presenting a valid Bankruptcy Petition is impossible.
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Service of a claim form on an agent - was it valid?
22 June 2017In a recent case the High Court considered as a preliminary issue whether a claimant had validly served a claim form on what they considered was the agent of the claimant. The rules of service require that the defendant must be served at the place within the jurisdiction where it conducts business, or where it carries on its activities and which has a real connection with the claim. Therefore the question here was whether the agent’s office was a place at which the defendant conducted its business, or where it carried on its activities?
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Putting a squeeze on patent licences
20 June 2017The recent case of Chugai Pharmaceutical Co Ltd v UCB Pharma SA & Celltech R&D Ltd [2017] EWHC 216 (Pat)
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Competition watchdog turns the spotlight on to eCommerce
15 June 2017We have written an article for Essential Retail which takes a look at the European Commission’s report on competition in eCommerce.
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Budget discussion report deemed an abuse of the cost budgeting process
09 June 2017A Defendant’s budget discussion report (Precedent R) was disregarded by the court due to the “lack of reality” of the offered costs.
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Another purple patch for Trade Marks refused
12 May 2017In Glaxo v Sandoz the Court of Appeal has confirmed the invalidity of a trade mark for two shades of the colour purple relating to asthma inhalers.
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Advocate General’s Opinion – Uber provides a transport service not an information society service
11 May 2017The Advocate General states the Uber is providing a transport service and it not acting as an electronic intermediary and providing an information society service. Uber therefore should have to comply with local laws for the licensing of taxi operators
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Time to add more defendants?
21 April 2017In a recent decision the Court of Appeal has had to decide whether a claim for accessory liability against various companies was time barred. Glaxo Wellcome UK Ltd (t/a Allen & Hanburys) Anor v Sandoz Ltd & Anor [2017] EWCA Civ 22.
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Marathon Asset misses the jackpot again
12 April 2017After being awarded only £2 in nominal damages in its breach of confidence case, Marathon Asset has been heavily penalised on costs after failing to accept the defendants’ Part 36 offer.
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Court of Appeal confirms deterrent sentences for copyright infringement
30 March 2017In Regina v Evans the Court of Appeal has provided guidance on the appropriate level of sentencing for criminal offences under the Copyright, Designs and Patents Act 1988. The Court of Appeal confirmed that the sentence should have a deterrent effect.