Litigation and Dispute Resolution
J A Kemp handles contentious intellectual property matters in the High Court of England and Wales, the Intellectual Property Enterprise Court, the UK Intellectual Property Office, the European Patent Office and the Office for Harmonisation in the Internal Market, plus their respective appeal courts. In due course we will handle matters in the Unified Patent Court.
The Litigation and Dispute Resolution Group combines in-depth knowledge of patents, trade marks and designs with the litigation skills of its solicitors, patent attorneys and an in-house barrister to achieve successful outcomes for the firm’s clients.
J A Kemp partners have been involved in many of the most important intellectual property disputes over the years and have managed multi-jurisdiction litigation projects in many parts of the world, particularly in Europe, China and South East Asia.
The group adopts a practical and commercial approach and makes cost-effective use of external resources when client needs dictate.
Notable European patent and SPC cases in which a J A Kemp partner had a hand include:
- Conor Medsystems v Angiotech: the leading UK case on obviousness.
- Eli Lilly and Company v Human Genome Sciences: the leading UK case on capability of industrial application, and the first case in England relating to patents claiming DNA sequences.
- Catnic v Evans/Hill & Smith: leading case on prior use revocation, and including an inquiry as to damages.
- Dr Reddy Laboratories v Eli Lilly and Company: the definitive UK case on the law of selection patents. The patent was the subject of actions in around 30 jurisdictions in Europe, which were co-ordinated by the UK solicitors.
- Eli Lilly and Company v Trident and v Neolab: a case which resulted in an unusual and draconian court order for disclosure of the details (customer names and quantities sold) of sales already made.
- lntervet (UK) Ltd v Merial: UK action relating to sub-unit vaccines. This patent was the subject of revocation actions in the Netherlands and Germany and an Opposition in the EPO.
- Monsanto Technology LLC v Cargill International: the first case in England concerning patents for genetically modified plants.
- Sundstrand v Safeflight: UK declaration of non-infringement action concerning wind shear detection system patents.
- Bourns v Raychem: patent revocation action and related proceedings concerning limited waiver of privilege and whether documents produced in UK cost assessment proceedings could be used in related U.S. litigation.
- Lindopharm v Almirall: German proceedings which went to the Supreme Court, also the subject of parallel litigation in Belgium and Italy.
- Mayne Pharma v Pharmacia Italia: High Court, and Court of Appeal, litigation concerning epirubicin lyophilite.
Other notable IP cases in which a J A Kemp partner was involved include:
- Mars v Nestle: cases concerning the registrability of “Have a Break” slogan and the shape of the “POLO” mint.
- Lucasfilm v Ainsworth: the famous copyright case relating to the Star Wars Stormtrooper helmet.
- HFC v Midland Bank: passing off case relating to the rebranding of Midland to HSBC.
- British Leyland v Armstrong: copyright in engineering drawings of exhaust systems.
- Coward v Ikos: copyright case relating to computer programs.
- Pilkington v PPG: trade secret arbitration over more than 250 hearing days.
- G-Star v Rhodi: an action relating to the infringement of design rights (registered and unregistered), Community Design Rights (registered and unregistered), copyright and passing off in the fashion industry.
In China J A Kemp partners have been involved in:
- Dyson v numerous local Chinese companies: infringement of design, utility and invention patents. Cases incorporated customs seizures, evidence preservation orders, and asset preservation orders.
- Intersurgical v Henan Jianqi: infringement of design and invention patents.
- Halo v TopChina: infringement of design patents.