Category Archives: Intellectual Property

In Stretchline v H&M the High Court denied injunctive relief to prevent further infringement of a patent in a case relating to breach of a settlement agreement. Background The action was originally commenced as an action for breach of the settlement agreement and patent infringement.  The infringing products in question were undergarments, primarily bras, which … Continue reading Breach of Settlement Agreement: High Court Denies Injunctive Relief to Prevent Further Infringement of Patent

On Thursday 4 February, Olswang hosted a cross-disciplinary seminar, chaired by High Court judge, Mr Justice Birss, on the changing face of injunctions in the age of the internet and mass data. With contributions from experts in intellectual property, digital litigation, commercial litigation and employment law, the discussion covered a range of new developments, with … Continue reading Injunctions in the digital age

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

Last week, the Court of Justice of the European Union (“CJEU”) handed down its decision in Huawei Technologies Co. Ltd v ZTE Corp., ZTE Deutschland GmbH.  The judgment concerns the availability of injunctive relief for owners of standard essential patents (in this case, telecoms patents) bringing infringement proceedings.  The decision is in line with the … Continue reading CJEU rules on the availability of injunctive relief for owners of standard essential patents

In Warner-Lambert LLC v Actavis Group Ptc EHF and others v Secretary of State for Health, the Court of Appeal widened the test for Swiss form patent claims, but upheld the High Court’s decision to refuse an interim injunction intended to prevent the supply of a drug for non-patented indications. The facts The patentee claimant … Continue reading Court of Appeal widens test for Swiss Form Claim but refuses grant of interim injunction

In Allfiled UK Ltd v Eltis and others, the High Court granted a bespoke interim injunction to protect confidential information and intellectual property.  In doing so, it considered the application of the American Cyanamid test where it was argued that the grant of an interim injunction would effectively dispose of the action. Facts The applicant … Continue reading Bespoke interim injunction to protect confidential information and IP

The High Court has ordered a group of ISPs to block access to the “Popcorn Time” application for copyright film and TV content, in Twentieth Century Fox Film Corporation and others v Sky UK Ltd and others. Birss J had refused to determine the case without a hearing due to the special technical nature of … Continue reading High Court grants blocking injunction in relation to “Popcorn Time” websites

On 24 April 2015, the High Court handed down judgment on an interim application by Huawei requesting the court make a summary ruling that two worldwide portfolio licence proposals made by Unwired Planet are not FRAND (fair, reasonable and non-discriminatory). In refusing the application, Mr Justice Birss considered that he could not make a summary … Continue reading Huawei’s application for summary judgment on Unwired Planet’s patent licensing proposals refused by the High Court

In Enterprise v Europcar, Arnold J held that the geographical scope of an injunction granted to restrain trade mark infringement and of the inquiry as to damages should be limited to the UK, even though the case involved a European Community trade mark. The court also granted the claimant a publicity order for three months. … Continue reading Community trade mark injunction restricted to the UK

With so many businesses operating across borders, the ability to obtain interim relief on a pan-European basis is an extremely powerful remedy. However, brand owners should consider shopping around for the most favourable forum. The infringement of a registered trademark can cause irreparable damage to the reputation, image and value of a brand, over and … Continue reading Overview of interim relief in trademark actions across Europe