UK: IP Snapshot - September 2011

Last Updated: 6 October 2011
Article by Nick Beckett, Lucy Kilshaw, Jeremy Morton and Tom Scourfield

Bringing you regular news of key developments in intellectual property law.


Warner-Lambert v Teva and others, 22 July 2011, High Court

Mr Justice Floyd has granted an application for an expedited trial in favour of Teva, in circumstances in which, if Teva succeeds in invalidating Warner-Lambert's patent, Teva may obtain an advantage over other generic manufacturers of the drug atorvastatin, marketed by Warner-Lambert as Lipitor, one of the world's most successful drugs with an annual turnover exceeding £350 million. However, Teva has had to accept as a condition of the order that there would be no disclosure.

Teva launched generic atorvastatin, without notice to Warner-Lambert, on 20 June 2011.  They launched in this manner, rather than seeking the revocation of Warner-Lambert's patent in advance, in order to obtain an advantage over other generic companies.  The judge accepted that during the period of so-called duopoly, in which the patented product plus only one generic competitor are on the market, the original price of the drug can be maintained.  However, when further generic competitors enter the market, the price drops more rapidly.

Floyd J granted an interim injunction restraining Teva from making further sales of generic atorvastatin on 21 June 2011 and Teva sought an expedited trial, to come on in November 2011. 

Floyd J gave a helpful summary of the principles to be applied in considering whether to grant an application for expedition. To name a few, he stated that the grant of expedition is a matter for the discretion of the judge, there must be an objective urgency to deciding the claim, and "urgency" does not necessarily mean the need for the case to be heard in the immediate future; a case may be urgent in that a decision is needed by some deadline, which may be months away.

For the full text of the decision, click here

Premium Aircraft Interiors Group Ltd BL O/281/11, 10 August 2011

An IPO hearing officer has refused to remove Virgin's European patent covering aircraft seats, from the UK patents register. Premium Aircraft Interiors Group Limited ("Premium") had argued that the patent should not have been issued because Virgin had attempted to exclude the GB designation in its original application.

Virgin had checked the box on the application form stating that "All states which are contracting states to the EPO at the time of filing of this application are hereby designated" but in a separate section of the form a note had been added to state "GB is expressly NOT designated in this application".

Premium had already taken this argument to the EPO where it was held that it was not necessary to correct the decision because although there was an ambiguity, there was no explicit withdrawal of the GB designation, the designation fee for GB had been paid and the EPO was bound by good faith having accepted the GB designation through examination proceedings.

The IPO hearing officer refused to remove the patent from the register. He concluded that Premium was essentially asking the IPO to review the procedural decision of the EPO at a national level. If this were possible, it would defeat the object of having a centralized patent application system.

For the full text of the decision, click here  

Schutz (UK) Ltd v Werit UK Ltd and another [2011] Court of Appeal, 29 July 2011

The Court of Appeal has ruled on the interpretation of section 68 of the Patents Act 1977 following an appeal from the recent High Court decision where it was held that Werit UK Ltd was infringing Schutz (UK) Ltd's patent rights.

The Court of Appeal held that section 68 should be read to mean that, in so far as a claim covered compensation for a period in which the transaction was not registered when it should have been, any costs relating to that period (where it was not registered) were not recoverable. All other costs were recoverable in the usual way. This construction was consistent with Article 14 of the Enforcement Directive.

This decision further reduces the impact of a recently weakened section 68. This decision demonstrates that one will still be able to claim damages for all infringements regardless of registration of an exclusive licence and recover costs from the date of registration. Nevertheless there is still value in registering licences and assignments in order to put third parties on notice.


Beechwood House Publishing Ltd v Guardian Products Ltd and Precision Direct Marketing Limited, 20 June 2011, Patents County Court

The Patents County Court have found that database right was infringed in a database of 43,000 doctors and nurses when a competitor sent a mail shot to 6,000 nurses using 4,783 records which were identical to those contained in the claimants' database.

From 1994, the claimant had published a database of individuals associated with GPs' practices, known as the Binley database.  The Binley database contained "seeds", being fictitious entries with addresses linked to the publisher, planted with the intention of catching infringers.  The claimant became aware from one of its seeded addresses, and later from a second seed, that the first defendant had sent a mass mailshot to GPs and nurses, which must have relied on the fifth edition of the database. 

In October 2010 the claimant applied for summary judgment which was refused on the grounds that the claimant had not proved substantial extraction, use of single seed being insufficient proof.  Summary judgment was given on the issues of title and subsistence of database right.  

Database right infringement was proved at trial. The claimant proved satisfactorily that there was sufficient investment in the obtaining, verifying and presentation of database contents. This proved a sensible decision with some practical pointers in assessing the meaning of "substantial part".

For the full text of the decision, click here  

This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to

Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.

The original publication date for this article was 30/09/2011.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

In association with
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.