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England and Wales Case Law

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Intellectual property [2023] EWHC 1583 (Pat)

InterDigital Technology Corporation & Ors v Lenovo Group Ltd & Ors

InterDigital Technology Corporation & Ors v Lenovo Group Ltd & Ors [2023] EWHC 1583 (Pat) (04 July 2023)

FRAND trial over InterDigital’s SEP portfolio and Lenovo’s licence terms, with the court rejecting both sides’ main offers and addressing injunction relief.

  • Standard essential patents (seps)
  • Frand licensing
  • Injunctions
  • Comparables analysis
  • Top-down analysis
  • Patent licensing negotiations
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Contract law [2023] EWHC 803 (Ch)

Astrazeneca UK Ltd v Tesaro, Inc.

Astrazeneca UK Ltd v Tesaro, Inc. [2023] EWHC 803 (Ch) (05 April 2023)

The High Court construed royalty provisions in AstraZeneca’s patent licence agreements with Tesaro and held royalties were payable on all net sales of Zejula in licensed countries.

  • Patent licensing
  • Royalty calculation
  • Contract interpretation
  • Patent misuse
  • Contract-interpretation
  • Patent-licensing
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Contract law [2023] EWHC 462 (Comm)

Eteboxagu AB v Cycle Pharmaceuticals Ltd

Eteboxagu AB v Cycle Pharmaceuticals Ltd [2023] EWHC 462 (Comm) (06 March 2023)

The court held rebates to PBMs must be deducted from royalty calculations, rejected the distribution-partner argument, and found no estoppel by convention.

  • Royalty calculation
  • Contract interpretation
  • Estoppel by convention
  • Pharmaceutical distribution agreements
  • Contract-interpretation
  • Royalty-calculation
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Contract law

Eteboxagu AB v Cycle Pharmaceuticals Ltd

The court construed a royalty agreement for nitisinone sales, holding that US PBM rebates were deductible, no distribution partner existed, and Cycle had to procure certification.

  • Royalty calculation
  • Contract interpretation
  • Estoppel by convention
  • Certification obligations
  • Contract-interpretation
  • Royalty-calculation
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Intellectual property

MVF 3 Aps & Ors v Bestnet Europe Ltd & Ors

The Court of Appeal upheld damages findings in a breach of confidence claim over LLIN technology, distinguishing direct misuse from later derived products.

  • Damages assessment
  • Confidential information
  • Restrictive covenants
  • Royalty calculation
  • Injunctions
  • Breach-of-confidence
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Intellectual property [2014] EWHC 3159 (Ch)

Vestergaard Frandsen A/S (now Called MVF 3Aps) v Bestnet Europe Ltd & Ors

Vestergaard Frandsen A/S (now Called MVF 3Aps) v Bestnet Europe Ltd & Ors [2014] EWHC 3159 (Ch) (03 October 2014)

Damages were assessed for misuse of confidential information in developing mosquito nets. The court awarded lost profits on First Formula sales and a royalty on remaining sales.

  • Breach of confidence
  • Damages assessment
  • Misuse of confidential information
  • Market diversion
  • Royalty calculation
  • Breach-of-confidence
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Intellectual property

Henderson v All Around the World Recordings Ltd

Inquiry as to damages for infringement of a performer’s rights in Heartbroken, with a 6% hypothetical royalty, plus £5,000 for unfair profits.

  • Performer's rights
  • Damages assessment
  • User principle
  • Account of profits
  • Moral prejudice
  • Hypothetical licence
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Intellectual property law [2011] EWPCC 21

Temple Island Collection Ltd v New English Teas Ltd & Anor

Temple Island Collection Ltd v New English Teas Ltd & Anor [2011] EWPCC 21 (29 July 2011)

The court construed a copyright settlement, upheld royalties on the full price of multipacks, awarded licence-drafting costs, and refused specific performance.

  • Copyright infringement
  • Settlement agreements
  • Royalty calculation
  • Specific performance
  • Licence drafting costs
  • Copyright-infringement
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Contract law

Pink Floyd Music Ltd & Anor v EMI Records Ltd

Court of Appeal interpreted music licensing agreements, holding that online distribution royalties were payable at source and that album unbundling restrictions extended to digital recordings.

  • Interpretation of commercial contracts
  • Music licensing
  • Digital distribution
  • Royalty calculation
  • Privacy and anonymisation in court proceedings
  • Contract-interpretation
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.