The Court of Appeal has recently found, in McGill v The Sports and Entertainment Media Group & Ors, that a claimant's previous settlement agreement for a breach of contract claim against a contract breaker did not prevent him subsequently pursuing the defendants in tort for the same loss he had suffered in the breach of contract claim.
Court of Appeal upholds first instance decision on the facts – an example of how the appeal system is being clogged up?
On 27 July, the Court of Appeal handed down its judgment in Hospira v Genentech, an appeal from the decision of Birss J dated 21 November 2014 concerning the revocation of two patents covering pharmaceutical formulations of Herceptin. At first instance, the judge had held both patents invalid on the grounds of lack of inventive step and added matter.
Fieldfisher Brussels obtains favourable ruling from ECJ regarding Belgian legislation on the recoverability of attorney fees in IP cases
A team from Fieldfisher's Brussels office obtained a favourable ruling from the European Court of Justice following a preliminary reference questioning Belgian legislation on the recoverability of attorney's fees.
Mr Justice Birss has reset the default position in relation to disclosure: in English proceedings in which the validity of the patent on the basis of obviousness is in issue, ordinarily the patentee will not be ordered to disclose documents relating to the making of the invention.