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Bloomsbury IP & IT Briefing: April Teaser

It has been a busy few weeks for IP cases in the UK. At the end of March, the UK Supreme Court delivered its judgment in Actavis Group PTC EHF & Ors v ICOS Corp & Anor [2019] UKSC 15, providing guidance on obviousness, particularly regarding dosage patents. The court upheld the Court of Appeal’s finding that the relevant claims of a patent for the use of tadalafil for the treatment of erectile dysfunction were invalid for lack of inventive step.

In the Patents Court, Mr Justice Nugee gave a substantial judgment in E Mishan & Sons, Inc (t/a Emson) v Hozelock Ltd & Ors [2019] EWHC 991 (Pat), a case concerning patents for expandable garden hoses. The case was notable in that the judge found a patent invalid for obviousness, even though the validity of the same patent had previously been upheld in a separate case. Meanwhile, HHJ Hacon gave the latest ruling from the courts on questions of jurisdiction in Ablynx NV & Anor v Vhsquared Ltd & Ors [2019] EWHC 792 (Pat).

There have also been judgments in trade mark and copyright cases. Trump International Ltd v DTTM Operations LLC [2019] EWHC 769 (Ch) and Manpower Direct (UK) Ltd v Manpower Group Inc [2019] EWHC 849 (Ch) were both appealed from the IPO and required High Court judges to rule on, respectively, bad faith and unfair advantage under Section 5(3) of the Trade Marks Act. FBT Productions, LLC v Let Them Eat Vinyl Distribution Ltd & Anor [2019] EWHC 829 (IPEC) concerned the copyright ownership and primary/secondary infringement of Eminem’s first album.

This month’s briefing also includes an update from the Fordham IP Conference, which took place in New York, and the latest developments regarding Brexit.

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

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