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England and Wales decisions
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The injunction is continued on an interim basis due to ongoing risk of trespass and danger posed by urban explorers, with procedural requirements for service and notification not fully satisfied, necessitating adjournment for proper hearing.
Source excerpt
Multiplex Construction Europe Ltd & Ors v Persons Unknown [2025] EWHC 1887 (KB) (05 February 2025)
The High Court continued a persons-unknown injunction against urban explorers for 21 days, but adjourned the wider renewal application for proper notice.
Teva UK Ltd v Chiesi Farmaceutici SpA [2020] EWHC 1311 (Pat) (02 June 2020)
The Patents Court refused to strike out or stay Chiesi’s quia timet infringement counterclaim and ordered disclosure in Teva’s revocation action.
The Patents Court refused to strike out or stay Chiesi’s infringement counterclaim, holding it had a real prospect of success and that disclosure was not anti-competitive.
The High Court held that a Community Trade Mark does not confer a positive right to use a mark or defeat passing off, and refused a stay pending OHIM opposition.
The High Court stayed Plaza BV’s claim, holding it was closely connected to a deed containing an exclusive Western Australian jurisdiction clause and related Australian proceedings.
Pavledes & Anor v Hadjisavva & Anor [2013] EWHC 124 (Ch) (31 January 2013)
The High Court granted a declaration of the claimants' rights of light, holding that declaratory relief does not require an imminent threat and was useful to resolve the dispute.
The High Court granted a declaration on rights of light, finding a real unresolved dispute and that declaratory relief would bring finality and certainty.
Merck Sharp Dohme Corp & Anor v Teva Pharma BV & Anor [2012] EWHC 627 (Pat) (15 March 2012)
Patent quia timet claim over efavirenz survived strike out, and the court granted an interim injunction after inferring an intended pre-expiry launch.
The High Court held that Qualtex’s proposed vacuum cleaner replica would likely pass off as Numatic’s Henry, and that the threat persisted at issue.
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