All posts by Alasdhair McDonald

In Smith & Nephew Plc v ConvaTec Technologies Inc the Court of Appeal granted a stay of a final injunction pending an application to the Supreme Court for permission to appeal. ConvaTec owns a patent concerned with a process for the silverisation of gel-forming fibres used in wound dressings.  The patent has a long and … Continue reading Court of Appeal stays injunction pending application for permission to appeal in patent infringement case

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?

Cosmetic Warriors Ltd v Amazon.co.uk Ltd concerned the form of injunction granted in a trademark infringement case in the context of keyword use.  Amazon had been held to have infringed the community trade mark (“CTM”) LUSH (that also being the trading name of Cosmetic Warriors) via its use of the keyword LUSH in sponsored adverts … Continue reading Form of injunctive relief to be imposed in trade mark infringement case