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Service of a claim form on an agent - was it valid?
22 June 2017In a recent case the High Court considered as a preliminary issue whether a claimant had validly served a claim form on what they considered was the agent of the claimant. The rules of service require that the defendant must be served at the place within the jurisdiction where it conducts business, or where it carries on its activities and which has a real connection with the claim. Therefore the question here was whether the agent’s office was a place at which the defendant conducted its business, or where it carried on its activities?
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Putting a squeeze on patent licences
20 June 2017The recent case of Chugai Pharmaceutical Co Ltd v UCB Pharma SA & Celltech R&D Ltd [2017] EWHC 216 (Pat)
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Competition watchdog turns the spotlight on to eCommerce
15 June 2017We have written an article for Essential Retail which takes a look at the European Commission’s report on competition in eCommerce.
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Budget discussion report deemed an abuse of the cost budgeting process
09 June 2017A Defendant’s budget discussion report (Precedent R) was disregarded by the court due to the “lack of reality” of the offered costs.
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Another purple patch for Trade Marks refused
12 May 2017In Glaxo v Sandoz the Court of Appeal has confirmed the invalidity of a trade mark for two shades of the colour purple relating to asthma inhalers.
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Advocate General’s Opinion – Uber provides a transport service not an information society service
11 May 2017The Advocate General states the Uber is providing a transport service and it not acting as an electronic intermediary and providing an information society service. Uber therefore should have to comply with local laws for the licensing of taxi operators
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Time to add more defendants?
21 April 2017In a recent decision the Court of Appeal has had to decide whether a claim for accessory liability against various companies was time barred. Glaxo Wellcome UK Ltd (t/a Allen & Hanburys) Anor v Sandoz Ltd & Anor [2017] EWCA Civ 22.
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Marathon Asset misses the jackpot again
12 April 2017After being awarded only £2 in nominal damages in its breach of confidence case, Marathon Asset has been heavily penalised on costs after failing to accept the defendants’ Part 36 offer.
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Court of Appeal confirms deterrent sentences for copyright infringement
30 March 2017In Regina v Evans the Court of Appeal has provided guidance on the appropriate level of sentencing for criminal offences under the Copyright, Designs and Patents Act 1988. The Court of Appeal confirmed that the sentence should have a deterrent effect.
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It’s obvious, patents are not child’s play!
28 March 2017In a recent decision the Intellectual Property Enterprise Court had to consider whether a patent for a children’s toy consisting of water soluble, fusible, translucent beads was merely an aesthetic creation, and therefore excluded from patentability and if not, whether the patent claims lacked an inventive step and were obvious. If the patent was valid, the Court also had to determine whether it was infringed by the Defendant’s product.
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Guideline on reduction in sentence for a guilty plea
16 March 2017The Sentencing Council for England and Wales has issued a new guideline. It applies equally in magistrates’ courts and the Crown Court, to all individual offenders aged 18 and older, and to organisations, in cases where the first hearing is after May 31 2017, regardless of the date of the offence.
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Bad timing for a counterclaim
27 February 2017The provisions of section 35(3) of the Limitation Act 1980 will not enable a defendant to bring counterclaim that would otherwise be time barred before the proceedings had commenced.
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Court considers service of a defendant’s notice to force claimant to serve proceedings or discontinue a claim
14 February 2017A recent decision not only reminds practitioners of a defendant’s ability to force a claimant to either serve proceedings or discontinue a claim by using a CPR 7.7(1) notice, but also considers for the first time the date for compliance with such a notice.
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Legal advice privilege: Not as wide as you think?
08 February 2017Who is a lawyer’s client and what type of communications are protected for the purposes of legal advice privilege have been the subject of two recent important High Court decisions. These cases make it clear that not all communications between lawyers and a client’s employees will be protected by legal advice privilege, even if the communication took place to allow legal advice to be given.
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Indemnity costs intended to have chilling effect
07 February 2017Court orders indemnity costs in recognition of the fact that litigation became “out of control” due to factors that were attributable to the conduct of the Claimants and their legal representatives and experts in the lead up to trial.
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Does a solicitor own the goodwill associated with their own name?
01 February 2017In (1) Juthika Bhayani and (2) Bhayani Law Limited v Taylor Bracewell LLP this question was considered by the Intellectual Property Enterprise Court.
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Employee claim to compensation under the Patents Act rejected
25 January 2017Employees may claim statutory compensation if they are responsible for a patent of “outstanding benefit” to their employer.
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Dawn Raids: What to do
27 November 2016It is absolutely essential to have a procedure in place for dealing with Dawn Raids.
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Flowers fails to reign over Cardiff City Council but solidifies the importance of CPR 83.2- Landlords beware!
25 October 2016Lady Justice Arden and Lord Justice Briggs in the matter of Cardiff County Council v Lee (Flowers) [2016] EWCA Civ 1034 (“Flowers”).