Latest Cases

Patent – Petition for revocation. The Court of Appeal, Civil Division, dismissed the defendant's appeal against the judge's decision that its European patent for a dosage regimen for use of levonorgestrel as a method of emergency contraception was invalid for obviousness. It held that the defendant had sought to characterise the sort of information which a person skilled in the art would know he could look up as a 'species of or extension of … common general knowledge', but that was not correct. It would be taken into account for an obviousness assessment, not because it was in the notional head of the notional person, but because it would be obvious to such a person to look it up. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Compagnie Gervais Danone (Danone) against the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office, relating to opposition proceedings between San Miguel, Fabricas de Cerveza y Malta, SA and Danone concerning the application by the latter for registration of a figurative sign 'B'lue' as a European Union trade mark. 

Charity – Gift aid. The Chancery Decision granted the Charity Commission of England and Wales a declaration that interim managers of a charity (the Cup Trust) should be at liberty to discontinue an appeal against the Revenue and Customs Commissioners' rejection of its claims for Gift Aid on donations from certain taxpayers, in respect of a tax avoidance scheme. The Charities Act 2011 made it clear that interim managers had the functions that were defined by the order of the Charity Commission that appointed them, and they operated under the supervision of the Charity Commission and not the court. However, there would plainly be some situations in which the court did need to become involved and in the present case, the decision to discontinue was within the range of decisions to which rational charity trustees could properly have come. 

European Union – Public procurement. The General Court of the European Union ruled on an application by European Dynamics Luxembourg SA and other companies for annulment of the decision of the European Union Intellectual Property Office to reject their tender for supply to EUIPO of IT services and all other related decisions. The General Court held that in the light of instances of unlawful conduct of substance and form found to have occurred in the context of the first, second and third pleas in law, the decision to reject the tender would be annulled in its entirety. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by L'Oréal, SA against the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office, relating to opposition proceedings between Theralab — Produtos Farmacêuticos e Nutracêuticos and L'Oréal, concerning the application by the latter for registration of a figurative sign 'VICHY LABORATOIRES V IDÉALIA' as a European Union trade mark. 

Libel and slander – Identity. The Queen's Bench Division, in determining preliminary issues in a libel claim, held that the second claimant company had only satisfied the objective test of reference to a limited and unimportant extent. However, that limited reference could not satisfy its case on defamatory meaning, as the publication complained of had not conveyed any imputation defamatory of it. 

Extradition – Extradition order. The Divisional Court dismissed the appellants' appeals against the judge's decision, sending their cases to the Secretary of State, who ordered the appellants' extradition to Peru to face trial for drug trafficking. The assurances provided by Peru applied to the second appellant Italian national as to the first appellant British national, and the appellants' rights under arts 3 and 6 of the European Convention on Human Rights would not be breached. 

Personal Injury: Quantum Case. Asbestos related disease. PSLA of £80,000 with total damages of £642,972.51. The claimant contracted mesothelioma as a result of exposure to asbestos during her course of employment and subsequently died following surgery. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Niagara Bottling LLC (Niagara) against the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office, concerning the international registration designating the European Union of the word mark 'NIAGARA', which Niagara sought to register as a European Union trade mark. The General Court upheld the Board's decision that the sign at issue was descriptive of the characteristics of the goods and services in respect of which registration was sought, within the meaning of art 7(1)(c) of Council Regulation (EC) No 207/2009. 

Landlord and Tenant – Business premises. The Chancery Division ruled that notices served by a tenant of leasehold office premises, notifying the claimants (together the landlord) of its intention to exercise a contractual break clause in the leases, had been valid. The notices had been validly served at the landlord's stated address in accordance with the leases. That address was an 'abode or place of business' because the landlord had, on the true construction of the leases, nominated it as such, and not because the landlord actually abided there or carried on any business there. The court rejected the tenant's contention that s 23(2) of the Landlord and Tenant Act 1927 was of general application to any sort of notice to be served by a tenant and applied to any claim that a tenant might serve. Section 23 was not intended to relate to matters outside that Act.