Commercial Litigation UK

  • February 09, 2024

    GSK Arm Wins Appeal In Cancer Drug Royalties Dispute

     A GlaxoSmithKline unit won its appeal Friday to avoid having to pay royalties to AstraZeneca on all sales of its ovarian cancer drug under a licensing agreement.

  • February 09, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen a Saudi Arabian property investor file legal action against RLS Solicitors, Aspire Pharma and Bayer Intellectual Property tackle a patent dispute, the owners of soccer club West Ham United FC raise a red card against E20 Stadium LLP with a commercial fraud action, and accountants BDO file another commercial claim against the managing directors of KGJ Insurance Services. Here, Law360 looks at these and other new claims in the U.K.

  • February 09, 2024

    Visa, Mastercard Bid To Ax Retailers' Swipe Fees Class Action

    Visa and Mastercard told an appeals court on Friday that the antitrust tribunal should have dismissed proposed class actions accusing the credit card giants of unfairly imposing interchange rules on retailers.

  • February 09, 2024

    Nat Geo Quashes Retail Giant's 'Geographic' TM

    National Geographic has blocked the company behind North Face and Vans from registering a trademark for "Geographic" in Europe because it could be easily confused with the nonprofit's logo.

  • February 09, 2024

    Manchester City Hits Back At Superdry's Asahi Logo TM Claim

    Manchester City has fired back at Superdry PLC in a trademark dispute over the club's kit bearing Asahi's Super "Dry" slogan, arguing that consumers would not confuse the brewer's well-known branding with the clothing retailer's sign.

  • February 09, 2024

    Wedlake Bell Hires IP Pro From Laytons In London

    Wedlake Bell LLP has recruited a new partner from Laytons LLP to its intellectual property team in London, with the firm hoping that her broad practice will bolster its IP service across the board.

  • February 09, 2024

    Prince Harry Settles Outstanding Mirror Group Hacking Claims

    Prince Harry settled his outstanding phone-hacking claims against Mirror Group Newspapers on Friday as his lawyer said "he had uncovered and proved the shockingly dishonest way" in which the U.K. publisher acted.

  • February 09, 2024

    Woodford Investors Get Court OK For £230M Redress Deal

    Investors in Neil Woodford's failed £3.7 billion ($4.6 billion) fund will get payment under a £230 million settlement scheme backed by the financial watchdog after the High Court signed off on the arrangement in a judgment published on Friday.

  • February 08, 2024

    Dechert Pushes To Deep-Six Hacking Cover-Up Suit

    Dechert LLP, its former white collar practice leader and others on Thursday urged a New York federal judge to find that alleged concealment of a hacking campaign to discredit a critic of a firm client isn't enough to support a civil Racketeer Influenced and Corrupt Organizations Act case.

  • February 08, 2024

    LG Can't Slip Price Fixing Claim, But Cut Loss And Damage

    LG overcharged a group of defunct U.K. computer companies as part of the chipmaker's involvement in a price-fixing cartel, a London judge ruled Thursday, dismissing LG's argument that the case should be time-barred under foreign limitation rules.

  • February 08, 2024

    Bitcoin 'Inventor' Says He Is Victim Of Tampering

    The computer scientist being sued over his claims to have invented bitcoin said in court on Thursday that he has been framed by the family of a purported former business associate.

  • February 08, 2024

    Nordic Forex Bank's TM Opposition Gets Declined

    Nordic foreign exchange bureau Forex Bank lost its challenge to a trademark for "babaforex," as European intellectual property officials ruled that the word forex was not very distinctive.

  • February 08, 2024

    Plastics Firm Ensinger Loses Against Discrimination Claim

    A grinding operator at an engineering plastics maker has won his claims of discrimination and a sum of £10,402 ($13,125), as a tribunal ruled that his bosses failed to make reasonable adjustments.

  • February 08, 2024

    EU IP Appeal Panel Switches Lighting Co.'s TM Hopes Back On

    European Union officials must reconsider a lighting company's "Atmosphere" trademark bid, having botched an earlier assessment of the likelihood of confusion with a similar company's sign, an appeals panel said Thursday.

  • February 08, 2024

    Male Life Model Can't Pursue Sex Discrimination Claim

    An employment tribunal has ruled it does not have jurisdiction to hear a male life model's claim of sex discrimination against a Derbyshire art gallery's assistant as he could not be categorized as a worker.

  • February 08, 2024

    Knitting Needle Makers Restart UK Battle In TM War

    An American knitting needle maker got the go-ahead from a London court on Thursday to press on with its legal fight against an Indian rival in an offshoot of a long-running international dispute over knitting needle trademarks.

  • February 08, 2024

    Russian Oligarch Usmanov Loses Bid To Lift EU Sanctions

    Russian oligarch Alisher Usmanov failed in his bid to remove sanctions imposed on him by the European Union, when the General Court affirmed the measures are justified and do not violate his fundamental rights.

  • February 08, 2024

    Saint-Gobain Loses Plasterboard Patent After Rival's Attack

    A European appeals board has revoked a patent held by building materials giant Saint-Gobain, ruling that its supposedly novel plasterboard mix was not inventive and did not deserve protection.

  • February 08, 2024

    Arc Pensions Law Hires Litigation Pro From Pinsent Masons

    Specialist firm Arc Pensions Law LLP has hired pensions expert Ben Fairhead as a new partner from Pinsent Masons LLP.

  • February 07, 2024

    Tribunal OKs Funding Deal For £150M Shipping Cartel Suit

    The U.K. Competition Appeal Tribunal on Wednesday approved a new funding agreement in a £150 million ($189 million) class action brought by motorists who say they overpaid for their cars after a landmark decision from the nation's high court changed the rules for such litigation agreements.

  • February 07, 2024

    Gilead Prodrug Patent Gets Green Light On Appeal

    Gilead Sciences Inc. has fought off a challenge to its patent relating to a method for making therapies that target viral infections and tumors after European patent officials ruled it was innovative.

  • February 07, 2024

    Polaroid Fails To Bring Brand Into Focus With 'Basic' Print TM

    Polaroid can't reinstate trademark protections over its printed image logo because the sign consists only of basic shapes that lack distinctive character, a European Union court ruled Wednesday.

  • February 07, 2024

    Bank Shareholders Lose Claim Against Diamond's Atlas Mara

    A London court on Wednesday rejected claims from ex-shareholders of Finance Bank of Zambia that former Barclays PLC chief executive Bob Diamond's African financial services group breached a multimillion-dollar agreement to acquire the Zambian bank.

  • February 07, 2024

    Cosmetics Maker Loses Battle For TM On 'O' Shape

    A European court threw out a decision to grant intellectual property protection to a German cosmetics company, agreeing Wednesday with objections from a Swiss beauty company that it had already gotten a trademark for a similar design.

  • February 07, 2024

    Simpson Thacher Hires Disputes Pro From Skadden

    Simpson Thacher & Bartlett LLP announced Wednesday that it has hired a dispute resolution specialist as a partner from rival U.S. law firm Skadden Arps Slate Meagher & Flom LLP as it looks to ramp up its litigation and arbitration offering in London.

Expert Analysis

  • Retained EU Law Act Puts Employment Rights Into Question

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    The recent announcement that the equal pay for equal work provisions of the Treaty on the Functioning of the EU would not be repealed by the U.K. Retained EU Law Act has created uncertainty as to whether key employment rights will be vulnerable to challenge, say Nick Marshall and Louise Mason at Linklaters.

  • In Balancing Commerce And Privacy Interests, Consent Is Key

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    Although the European Commission's recent adoption of the EU-U.S. data privacy framework will make the use of tracking services with pixels easier, it highlights the significance of website visitor consent and the need for enterprises to provide users with complete and transparent information while adhering to all data protection regulations, say Áron Hegyi and Máté Dura at Schönherr.

  • UK Mozambique Ruling Will Have Int'l Ramifications

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    The recent U.K. Supreme Court judgment in Mozambique v. Privinvest considered for the first time stay proceedings under the Arbitration Act, offering guidance on whether claims are a "matter" within the scope of an arbitration clause, which could become a point of reference for foreign courts in the future, say lawyers at Herbert Smith.

  • Recent Trends In European ESG-Related Shareholder Activism

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    New ESG reporting standards in the European Union, as well as recent climate change, board diversity and human rights cases, illustrate how shareholder activism may become more prominent in years to come as regulation and investor engagement continues to strengthen, say lawyers at Debevoise.

  • Employer Due Diligence Lessons From Share Scheme Case

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    The Scottish Court of Session recently confirmed in Ponticelli v. Gallagher that the right to participate in a share incentive plan transfers to the transferee, highlighting the importance for transferee employers to conduct comprehensive due diligence when acquiring workforce, including on arrangements outside the employment contract's scope, say lawyers at McDermott.

  • Construction Ruling Clarifies Key Payment Mechanism Issue

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    The English Technology and Construction Court's recent decision in Lidl v. Closed Circuit Cooling, clarifying when construction contracts' payment mechanisms must be fixed as a set period of time, should encourage both paying parties and payees to ensure that their contracts' payment deadlines are unambiguous, say Rebecca Williams and Jack Moulder at Watson Farley.

  • Key Findings From Law Commission Review Of Arbitration Act

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    The U.K. law reform body's recent arbitration standards recommendations to the government include a clarification of governing law, leave many areas unchanged, and include a surprise on discrimination, say Poonam Melwani and Claire Stockford at Quadrant Chambers.

  • Bitcoin Case Highlights Advanced Age Of UK's IP Law

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    An appellate court's recent decision in a case involving the copyright of bitcoin's file format emphasizes the role of copyright protection in software, and also the challenges of applying decades-old laws to new technologies, say Marianna Foerg and Ben Bell at Potter Clarkson.

  • Accountability Is Key To Preventing Miscarriages Of Justice

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    The wrongful conviction of Andrew Malkinson and other recent cases show that in order to avoid future miscarriages of justice, there needs to be a fundamental reevaluation of how investigators, prosecutors and the Criminal Cases Review Commission operate, prioritizing stronger penalties and increased funding, say Thomas Walford at Expert Evidence International and policy analyst Gerald Frost.

  • UN Code Likely To Promote Good Arbitration Practices

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    The arbitrator code of conduct recently adopted by the United Nations Commission on International Trade Law should help reinforce standards of good practice and improve public perception of investor-state dispute settlement, though its effectiveness may be limited by the code's voluntary nature, say attorneys at Jenner & Block.

  • 6 Key Factors For Successful Cross-Border Dispute Mediation

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    The European landscape of cross-border disputes diverges markedly from the U.S. experience and presents unique challenges, including the amalgamation of diverse cultures and legal systems, but there are several practical steps that practitioners can take to effectively navigate the process, says Peter Kamminga at JAMS.

  • EU Ruling Highlights Strategic Benefits Of Patent Appeals

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    The European Patent Office board of appeal recently reversed the examining board's ruling in an application by LG Electronics, highlighting how applicants struggling to escape conflicting objection traps at the examination level can improve their chances of a positive outcome with an appeal, says Andrew Rudhall at Haseltine Lake.

  • UK Tech Cases Warn Of Liability Clause Drafting Pitfalls

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    The recent U.K. High Court cases Drax Energy Solutions v. Wipro and EE v. Virgin Mobile Telecoms indicate a more literal judicial approach to construing limitations of liability, even when this significantly limits a claimant's recoverable damages, highlighting the importance of carefully drafted liability provisions, say Helen Armstrong and Tania Williams at RPC.

  • Series

    In A 'Barbie' World: Boosting IP Value With Publicity Machines

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    Mattel's history of intellectual property monitoring, including its recent challenge against Burberry over the "BRBY" trademark ahead of the "Barbie" film, shows how IP enforcement strategies can be used as publicity to increase brand value and inform potential collaborations, says Carly Duckett at Shepherd and Wedderburn.

  • EU Directive Implementation Facilitates Class Action Shift

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    Lawyers at Faegre Drinker discuss the increase in class and consumer action filings leading up to the implementation of the EU's Collective Redress Directive, and predict that certain aspects of the directive will result in a pro-claimant landscape that may mirror that of the U.S. and other common law countries.

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