Bloomsbury IP/IT Briefing

August 1, 2022

The July issue of the Bloomsbury IP/IT Law Briefing is now available for subscribers.

There was one significant Court of Appeal judgment this month. In Nokia Technologies OY & Anor v Oneplus Technology (Shenzhen) Co Ltd & Ors [2022] EWCA Civ 947, the Court dismissed an appeal against His Honour Judge Hacon’s decision affirming the jurisdiction of the English courts and declining to grant a stay in a case concerning the determination of a global FRAND licence.

At the High Court, Mr Justice Meade partly allowed Cadbury’s appeal from a decision of the UKIPO Hearing Officer (Société des Produits Nestlé SA v Cadbury UK Ltd [2022] EWHC 1671 (Ch)) in the latest case on trade marks for the colour purple.

In a case concerning construction equipment, His Honour Judge Hacon found three patents invalid for lack of inventive step, but upheld a fourth patent (JC Bamford Excavators Ltd v Manitou UK Ltd & Anor [2022] EWHC 1724 (Pat)).

Mr Justice Meade found four further patents relating to apixaban invalid (Sandoz Ltd & Ors v TEVA UK Ltd [2022] EWHC 1831 (Pat)). The judgment follows his invalidity finding relating to a different patent for apixaban in April 2022.

At the IPEC, there were two notable judgments. The 1970s band The Rubettes were at the centre of a passing off case (Alan Williams Entertainments Ltd & Anor v Clarke & Ors [2022] EWHC 1798 (IPEC)). Joint authorship, the nature of a licence and breach of contract were among the issues addressed in Costa v DissociaDID Ltd & Anor [2022] EWHC 1934 (IPEC).

There were a number of judgments on remedies and costs, and on procedural matters, in ongoing cases.

This month’s Briefing also summarises the latest policy developments in the UK and EU.

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