In Asia-Pacific Trading Pte Ltd (formerly known as Toepfer International Asia Pte Ltd) v PT Budi Semesta Satria, the High Court held that delay on the part of the applicant could be adequate cause for refusing an anti-suit injunction, even where the respondent acknowledged there was an arguable case that it had breached an arbitration … Continue reading High Court refuses anti-suit injunction based on arbitration clause due to delay

In Tommy Hilfiger Licensing LLC and others v Delta Center a.s., the Court of Justice of the European Union (“CJEU”) ruled that injunctions available against intermediaries under the Enforcement Directive (Directive 2004/48 on the enforcement of intellectual property rights) can apply to physical marketplaces in the same way as online marketplaces. Background Tommy Hilfiger, Urban … Continue reading CJEU rules injunctions to apply to physical marketplaces

In Rudolfs Meroni v Recoletos Limited, the Court of Justice of the European Union (“CJEU”) considered whether an English freezing injunction affecting third parties was contrary to public policy under the 2001 Brussels Regulation (Regulation 44/2001) and therefore unenforceable.  Under Article 34 of the Regulation, a judgment of an EU Member State court (which includes … Continue reading CJEU considers whether freezing injunctions affecting third parties are contrary to public policy

In Napp Pharmaceutical Holdings Ltd v Dr Reddy’s Laboratories (UK) Ltd and Sandoz Limited, Arnold J refused to grant a final injunction against the defendants, who were proposing to launch generic seven-day analgesic transdermal patches in competition with a patented Napp product already on the market.  The marketing authorisations sought by both defendants relied on … Continue reading Injunction refused in quia timet patent infringement case where infringement would be de minimis; however interim injunction granted pending appeal

In Holyoake and another v Candy and others, the High Court has granted the first stand-alone “notification injunction” (or notification order), which can be viewed as a less invasive alternative to a freezing injunction.  A notification injunction requires a defendant to give notice to a claimant before disposing of or dealing with particular assets where … Continue reading High Court grants first stand-alone notification injunction

The Court of Appeal has today handed down its judgment in Cartier International AG and others v British Sky Broadcasting Limited and others, refusing an appeal against an order requiring internet service providers (“ISPs”) to block websites offering counterfeit goods. Cartier and the other Claimants sought an injunction against the five main ISPs in the … Continue reading Cartier and others v BSkyB and others: Court of Appeal upholds website blocking injunction against internet service providers