Bloomsbury IP & IT Briefing: September Teaser

This month’s IP & IT Briefing includes cases covering all the main IP rights.

In Chugai Pharmaceutical Co. Ltd v UCB Pharma SA & Ors [2018] EWHC 2264 (Pat), Mr Justice Birss had to assess the scope of a US patent, in a case that involved extensive consideration of US law. It arose from a dispute over royalty payments under a licence agreement between the parties.

Another case that involved US law issues was Sony/ATV Music Publishing LLC & Anor v WPMC Ltd & Anor [2018] EWCA Civ 2005. At first instance, the judge (Mr Justice Arnold) had to rule on the infringement of US and UK copyrights to a documentary featuring The Beatles. He also granted a costs order against the director and majority shareholder of the defendant company. The Court of Appeal reviewed the costs order and discussed what constitutes fair warning to a defendant.

Another Court of Appeal case addressed whether a party can appeal a judgment in a case where the first instance judge has referred questions to the CJEU. Lord Justice Floyd wrote the judgment in Sky Plc & Ors v Skykick, UK Ltd & Anor [2018] EWCA Civ 2004.

On 18 September, Arnold J gave his final judgment in Teva UK Ltd & Ors v Gilead Sciences Inc [2018] EWHC 2416 (Pat), following the CJEU ruling in the case in July this year. The dispute involved an SPC for Gilead’s drug Truvada and the interpretation of Article 3(a) of the SPC Regulation. Gilead had applied to adduce further evidence and have a second trial, but Arnold J denied the application and revoked the SPC.

This month, we also start a regular new feature rounding up the latest Brexit developments, with a look at the no-deal technical notices affecting trade marks and designs, copyright, geographical indications for food products, patents and exhaustion. These were published on 24 September.

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

Written by Ellie MacKenzie

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