Intellectual Property Law Cases & IP Laws in the UK
Below are recent intellectual property law (IP law) cases from our CaseCheck archive, including information on Intellectual Property Rights Law, Legal Protection, Licensing and IP Management. To view the full archive of case law, visit our Court Cases page. To search the full database please register with CaseCheck for free today.
Football Association Premier League Ltd & Ors v QC Leisure & Ors, Ch Div (Kitchin J), 03/2/12  -  The screening of live television broadcasts in pubs constituted a communication to the public of a copyright work under s.20 CDPA 1988: However the defence in s.72(1)© CDPA 1988 applied: where there was no charge for admission, the showing in public of a broadcast did not infringe any copyright in the... more...
Slater v Wimmer, PCC (Judge Birss QC), 16/02/12  -  In a dispute over copyright in a film of a skydive over Mount Everest, it was held that W, a financier who organised and paid for the skydive trip and the filming as well as taking part in it, and S, the cameraman, were joint owners of the copyright in the film. It had been W's intention that he would... more...
Murphy v Media Protection Services Ltd, QBD (Admin) (Stanley Burton LJ, Barling J), 24/2/12  -  In criminal proceedings involving the screening by a pub landlady of live premier league football matches using a satellite decoding card supplied by a Greek broadcaster, an appeal by way of case stated was allowed and M's convictions under the CDPA 1988 s.297 were quashed. The court applied the preliminary... more...
Adobe Systems Inc v Netcom Distributors Ltd & Ors, Ch Div (Mann J), 24/2/12  -  The court had jurisdiction under Regulation 207/2009 art 96(d) to hear a counterclaim for revocation of Community trade marks only if the counterclaim acted as a defence to the infringement claim. The court would not hear a counterclaim which related to Community trade marks other than those subject... more...
Novartis Pharmaceuticals UK Ltd v Medimmune Ltd & Anr, Ch Div (Arnold J), 10/2/12  -  An SPC obtained by M in respect of a patent concerning antibody phage display was invalid. The SPC identified a product, ranibizumab, as a product obtained by a process which infringed the patent. The test laid down by the CJEU required the product to be specified or identified in the wording of the... more...
Nokia GmbH v IPCom GmbH & Co KG, Ch Div (Floyd J), 20/02/12  -  IPCom's patent, relating to a method of handing over communications between a mobile phone and a first base station to a second base station, was invalid as granted. The main application to amend was not allowable because the claims as amended would be invalid for lack of novelty and lack of inventive... more...
MMI Research Ltd v Cellxion Ltd & Ors, CA (Elias, Kitchin LJJ, Sir Robin Jacob), 23/02/12  -  Following a patent trial in which C had raised a large number of defences and won on the single issue of obviousness, there was no order for costs. This took into account that C was the overall winner, and that C had taken an unnecessarily large number of points and had lost on most of them. ... more...
KCI Licensing Inc & Ors v Smith & Nephew Plc & Ors, Ch Div (Judge Birss QC), 1/3/12  -  In an enquiry into damages for patent infringement, it was too late for S to raise the issue of the true ownership of the patents. S had admitted in its defence that K was the registered proprietor of the patent. The issue had been raised in skeleton argument at trial but had not been raised when the... more...
Temple Island Collections Ltd v New English Teas Ltd & Anr, PCC (Judge Birss QC), 12/1/12  -  The defendants were found to have infringed T's copyright in a digitally altered photograph of a London bus on Westminster bridge. The composition of a photographic image was capable of being a source of originality. There were obvious similarities between T's work and the image used by N, and the common... more...
WHG (International) Ltd & Ors v 32 Red Plc, CA (Toulson, Etherton, Kitchin LJJ), 24/1/12  -  An appeal was dismissed against a decision that Community trade mark registrations for 32RED for online gaming services were infringed by W's use of "32Vegas" for the same services. The judge had made no error of principle and had been entitled to find that the Community marks were highly distinctive... more...
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