The Court of Appeal has handed down a ruling in conclusion to the patent dispute between Adaptive Spectrum and Signal Alignment Inc (“ASSIA”) and British Telecommunications plc (“BT”). The case concerned alleged infringement by BT of ASSIA’s European Patents relating to DSL (broadband) technology. Having found infringement of two patents and granted an injunction, the … Continue reading Stay of injunction in patent infringement dispute
Advocate General Wathelet has issued an Opinion to the Court of Justice of the EU in Huawei Technologies Co. Ltd v ZTE Corp., ZTE Deutschland GMBH on whether the proprietor of a standard essential patent (“SEP”) who has informed a standardisation body that he is willing to grant any third party a licence on fair, reasonable … Continue reading Does an injunction application against a patent infringer constitute abuse of a dominant position?
The High Court has handed down a further judgment in the aftermath of Cartier v BSkyB, where Arnold J had granted orders requiring Internet Service Providers (ISPs) to block several websites selling counterfeit goods. The latest ruling concerns the precise wording of those orders, specifically regarding the blocking of IP addresses which might affect other … Continue reading Cartier v BSkyB: court rules on wording of website blocking order
The freeze jurisdiction of the English Court is wide and claimant-friendly. That has led to a trend in recent years of an exploration of the outer limits of the jurisdiction by claimants seeking to gain its benefits. Cruz City 1 Mauritius Holdings is another example of this exploration. The question was whether the Chabra jurisdiction … Continue reading Exploring the limits of the Chabra jurisdiction in arbitration cases
A company is obliged to do or not do something by an injunction but acts in breach of the injunction. In these circumstances what is the liability in contempt of a director of that company? The issue was considered by Hamblen J in the case of Ipartner v Panacore. In this case a number of … Continue reading Issues on contempt
In Liberty Mercian Ltd v Cuddy Civil Engineering Ltd, the Technology & Construction Court demonstrated it is prepared to be flexible when ordering specific performance. One of the factors the court takes into account in considering whether to grant specific performance is whether the performance is possible. Here, the relevant performance was found to be … Continue reading Grant of equivalent specific performance by way of payment into court
In the recent decision in Anglian Windows Limited v Anglian Roofline Limited (reported on Lawtel here), Judge Richard Hacon sitting in the Intellectual Property Enterprise Court re-affirmed the American Cyanamid principles for the grant of interim injunctions in trade mark infringement cases. In this case, a long-established and successful home improvements business trading as “Anglian … Continue reading IPEC re-affirms American Cyanamid principles in trade mark infringement cases
In Les Laboratoires Servier v Apotex, the Supreme Court has ruled on the availability of the defence of illegality (“ex turpi causa non oritur actio”; from a dishonourable cause an action does not arise) in the context of a patent dispute, and in particular whether it barred the recovery of damages under a cross-undertaking where … Continue reading Does the defence of illegality bar the recovery of damages under a cross-undertaking?
In Novartis Pharmaceuticals v Stop Huntingdon Animal Cruelty, Mrs Justice McGowan granted an injunction against “persons unknown” under the Protection from Harassment Act 1997. This was the first time such an injunction was granted against “persons unknown” to restrain possible acts of harassment. Injunctions against “persons unknown” were developed in the early 2000s, first in … Continue reading “Persons unknown” in harassment proceedings
On 27 October 2014, the High Court rejected HM Treasury’s (“HMT”) application to lift the automatic suspension of a public contract before it was entered into under regulation 47G of the Public Services Regulations 2006. The proceedings were brought by Edenred (UK Group) Limited and challenged HMT’s decision that the Government’s new tax free childcare … Continue reading High Court dismisses application to lift automatic suspension in procurement action