Category: United Kingdom
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Post-judgment cleanup orders in UK pharma cases: no disgorgement of Bayer profits; Teva, Glenmark, Generics (UK) recover two thirds of costs
AstraZeneca must reimburse two thirds of the costs of an unsuccessful case Teva, Glenmark and Generics (UK). Separately, Bayer does not have to disgorge profits to Sandoz.
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UK wrongful-enforcement damages standard at issue in Sandoz v. Bayer; disclosures in South African patent lawsuits can influence parallel cases
Sandoz is seeking a disgorgement of profits from Bayer, alleging that misrepresentations to the European Patent Office are a basis for going beyond the usual compensation.
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BLACK FRIDAY: Two court orders have marginalized the UK in global patent litigation, and it probably won’t come back short of joining the UPC
OPINION Yesterday will go down in history as the day on which the High Court of Justice for England & Wales (EWHC) and the courts above it lost the largest part of the relevance they used to have in the global patent litigation arena. It took only two orders authored by German judges, both of…
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GAME OVER: UK interim license declarations are useless as Munich court threatens injunctions against pressure on SEP holders
The Munich I Regional Court’s 7th Civil Chamber has issued guidance that shows ZTE is winning against Samsung and UK interim license declarations are a waste of time and money.
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BREAKING: Unified Patent Court’s Mannheim Local Division enters first-ever UPC injunction relating to UK: Fujifilm v. Kodak
The Mannheim LD just entered the UPC’s first-ever injunction relating to the UK, after holding a separate hearing to discuss the implications of this.
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UK government proposes SEP measures such as rate-setting procedure, seeks input
The UK Intellectual Property Office has invited stakeholders from across the SEP ecosystem to submit views and evidence on proposed SEP measures by October 7, 2025.
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EWCA heard Pfizer, BioNTech appeal against Moderna’s COVID vaccine patent win
After losing a major ruling in the High Court of Justice in London last year, Pfizer and BioNTech asked the England & Wales Court of Appeal to overturn a decision finding a key Moderna COVID patent was valid and infringed.
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Another UK decision on FRAND procedures, another opportunity missed to depart from judicial imperialism: MediaTek v. Huawei
Context: With decisions such as the recent interim-license declaration in Samsung v. ZTE (June 25, 2025 ip fray article; follow-up: June 27, 2025 ip fray article), UK FRAND (fair, reasonable and non-discriminatory licensing) case law has reached the point where any jurisdiction other than the UK is by definition inferior and untrustworthy. Contorted rationales are presented to…
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UK appeals court dismisses litigation funding agreement challenges by Sony, Apple, Visa, Mastercard: “victory for common sense”, say local funders
In a landmark judgment widely welcomed by litigation funders the England & Wales Court of Appeal has ruled that litigation funding agreements are not a form of damages-based agreement, dismissing several challenges filed by Sony, Apple, Visa and Mastercard in UK class action claims.
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BREAKING: UK Supreme Court grants Tesla’s petition to appeal dismissal of Avanci-InterDigital FRAND pool rate case
Context: Last year, Mr Justice [Timothy] Fancourt of the High Court of Justice for England & Wales (EWHC) showed some sympathy for Tesla’s desire to obtain a UK FRAND (fair, reasonable and non-discriminatory licensing) determination against the entire Avanci 5G standard-essential patent (SEP) pool, but ultimately dismissed the complaint (July 18, 2024 ip fray article).…