All posts with the tag: Patents

On 8th September 2016, Mr Justice Arnold handed down his decision in Fujifilm Kyowa Kirin Biologics Co Ltd. v AbbVie Biotechnology Limited and AbbVie Limited, refusing to strike out or summarily judge Fujifim’s claims for an Arrow declaration and anti-suit injunction against AbbVie Bermuda and its UK subsidiary AbbVie UK (collectively “AbbVie”).  The case has … Continue reading High Court refuses to strike out claim for Arrow declaration and anti-suit injunction

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 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

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

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

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?