Bloomsbury IP/IT Briefing: November Teaser

Several decisions from the courts in the past month have provided guidance on procedural issues, such as disclosure and stays, in IP cases.

The Court of Appeal was quick to decide an appeal concerning disclosure of documents in FRAND litigation, largely upholding the first instance judgment discussed in last month’s briefing (Oneplus Technology v Mitsubishi Electric). Lord Justice Floyd set out ten principles for the disclosure of highly confidential information in IP cases.

In the High Court, Mr Justice Birss gave a decision on damages in the long-running telecoms patent dispute between IPCom and HTC. He ruled that a claim for a royalty arising from overseas sales should be struck out on points of principle and law.

Two judgments addressed issues arising in pharmaceutical cases. One (AMGEN Inc v Sanofi-Aventis) concerned the lifting of a stay in a case where opposition proceedings were pending at the EPO, and the other (Teva v Janssen Pharmaceutica) addressed the disclosure of information about the active ingredient in a drug in a dispute involving an SPC.

The High Court also issued its latest website blocking injunction, regarding boxing matches.

At the IP Enterprise Court, three decisions were notable. In one, Judge Melissa Clarke found a payment-related patent invalid on the grounds of obviousness and excluded subject matter. In the second, Deputy Judge David Stone delivered a detailed judgment concerning an arsenal of IP rights for body-enhancing jeans: the judgment addressed the law on patents, unregistered designs and passing off. The third involved copyright and database rights in a yachting guide: Judge Hacon ruled that a settlement agreement should be upheld, without a later-added confidentiality clause.

There have been two IP decisions from the CJEU. One, John Mills, concerned the registration of a trade mark by a representative without the proprietor’s consent, and the other addressed a question on remuneration for audiovisual recordings referred from Spain.

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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