Bloomsbury IP/IT Briefing: June Teaser

The UK Supreme Court has handed down its judgment in the Regeneron v Kymab case over patents for transgenic mice. In a 4-1 decision, it reversed the Court of Appeal, finding the two patents invalid for insufficiency. The Court also set out eight principles on sufficiency to be applied by lower courts.

This month has also seen two judgments in a case concerning a patent for the use of melatonin to treat insomnia, one from the High Court and one from the Court of Appeal. Both decisions rejected an application by Neurim/Flynn for an interim injunction against generic company Mylan, finding that damages would be an adequate remedy. An expedited trial in the case is scheduled for October 2020.

In the High Court, Mr Justice Birss decided not to strike out an infringement claim on the basis that there was no threat or intent to commit an infringing act in a dispute between Chiesi Pharmaceutical and Teva over patents for asthma inhalers. He also rejected arguments based on competition law. The decision means a trial will go ahead, and disclosure will be required.

In the trade mark field, Mr Justice Nugee upheld a UK Trade Mark Registry decision in favour of the PDO Prosecco. The association responsible for Prosecco had filed an opposition against the registration of a mark for Nosecco for non-alcoholic wines.

At the CJEU, the Court provided guidance on eligibility for copyright protection in the Brompton Bicycle case. It said that copyright protection may be available for subject matter, even if its realisation has been dictated by technical considerations. It also set out some guidance for lower courts on what is and is not relevant in the assessment.

A WTO ruling against Saudi Arabia regarding copyright infringement by the TV network BeoutQ is of note in the UK, as it concerns piracy of football broadcasts including Premier League matches. It also comes as Saudi Arabia is in the process of taking over Newcastle United Football Club.

As Brexit negotiations continue, Michel Barnier has raised geographical indications as one of the sources of tension between the UK and EU. Meanwhile, the European Commission/EUIPO have published a revised notice, and the UKIPO has provided more information on International Registrations designating the EU.

The IP/IT Briefing is part of the Bloomsbury Law Online Service. The full briefing is available here.


Written by James Nurton

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