Bloomsbury IP & IT Briefing: June Teaser

In a month of few IP decisions in the UK, two Patents Court judgments stand out.

In the first, Illumina, Inc & Anor v TDL Genetics Ltd & Ors [2019] EWHC 1497 (Pat), Mr Justice Arnold upheld the validity of a patent for ‘Non-invasive detection of fetal genetic traits’ and found that it was infringed by a competitor’s prenatal test, rejecting challenges based on obviousness, insufficiency and exclusion from patentability.

In the second, Mr Justice Birss declined to grant an Arrow injunction in Pfizer Ltd v F. Hoffmann-La Roche AG & Anor [2019] EWHC 1520 (Pat). The judge found that such a declaration would not ‘serve a useful purpose’ as its true purpose would be for it to be used in foreign courts.

Patent specialists will also want to note that June saw the publication of the fifth edition of A User’s Guide to Patents and an insightful Sir Hugh Laddie Lecture on the doctrine of equivalents by Professor Willem Hoyng.

Other judgments of note include a decision on database rights at the IPEC (The Kennel Club Ltd v Micro-ID Ltd [2019] EWHC 1639 (IPEC)) and several rulings on trade marks in various jurisdictions. These include the US Supreme Court’s Iancu v Brunetti opinion on immoral or scandalous marks, the CJEU judgment on disclaimers in Case C‑705/17, Patent- och registreringsverket v Mats Hansson and the EU General Court’s judgment on an EU trade mark for three stripes filed by Adidas (Case T-307/17, adidas AG v European Union Intellectual Property Office).

Finally, we have an update on a conference on AI and IP hosted by the UK IPO and WIPO, three new tools launched by the IPO and a study on parallel trade post-Brexit.

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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