Cases You Should Know About
Here is a list of some recent intellectual property and other cases that I you may wish to read.
I have commented on some of some of those cases in articles and case notes on this or one of my other blogs:
| Topic | Court | Case | Transcript | Issues | Comment |
| Patents | Court of Appeal | Aerotel Ltd v Wavecrest Group Enterprises Ltd | Obviousness, software implemented invention | | |
| | Patents Court: Peter Prescott QC | Folding Attic Stairs Ltd v The Loft Stairs Company Ltd and Another 9 June 2009 | What constitutes an enabling disclosure Construction of claims: words of intentionality | | |
| | Arnold J | NS Group Holdings Ltd. v Nielsen Media Research Inc | Whether there is discretion to strike out a valid claim under CPR 3.4 (see also Shah v Ul-Haq below). Judicial discretion to stay a case to abide the outcome of opposition proceedings in the European Patent Office. | Case Note | |
| | Fioyd J | Leo Pharma v Sandoz Ltd 15 May 2009 | Anticipation and obviousness. Windsurfing principles as amplified by Pozzoli applied. | Case Note | |
| Trade Marks | Chancery Division: Arnold J | Interflora, Inc and Another v Marks & Spencer Pl 22 May 2009 | Google “AdWords”: whether purchase of sponsored links and searches infringes a trade mark. Reference to the European Court. | Discussed in “Trade Marks and E-Commerce” | |
| | Arnold J | L'Oreal SA & Ors v EBay International AG & Ors | Whether a trade mark is infringed by sponsored links and searches and the scope of the defence in art 14 of the E-Commerce Directive. | Discussed in “Trade Marks and E-Commerce” | |
| | Geoffrey Hobbs QC | Daimler AG v Sany Group Company | Practice: whether CPR Part 24 is appropriate to a case that requires a comparison of similar signs and similar goods | Case Note | |
| | Trade Marks Registry: Mrs Corbett | Sparklycard, Barclays Bank Plc v Snelgrove | Opposition on the ground of an earlier mark. | | |
| Domain Names | WIPO: Jane Lambert | Intesacanda.com: Intesa Sanpaolo S.p.A. v. George Papadakos | Whether parking a domain name on an “under construction” page that generates sponsored links or searches is necessarily evidence of bad faith. | Discussed in “Trade Marks and E-Commerce” | |
| Practice | Court of Appeal | Shah v Ul-Haq and Others 9 June 2009 | Whether there is jurisdiction under CPR 3.4 to strike out a valid statement of case on the grounds that there has been fraud in an associated claim | | |
| | Chancery Division: Stephen Smith QC | Hayim and Others v Couch 15 May 2009 | The extent of the court’s jurisdiction t make a declaration before trial | Case Note 28 May 2009 IP/IT Update blog | |
| Business Link | Court of Appeal | Business Link Berkshire & Wiltshire Ltd v Fearn 20 May 2009 | Circumstances in which Business Link can recoup grants | Case Note 27 May 2009 IP Yorkshire |
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