The fascinating patent dispute before the courts of England and Wales concerning Neutrokine-α and industrial applicability in Eli Lilly & Co v Human Genome Sciences Inc, noted by the IPKat here, is (according to a normally reliable source whom the Kat thanks) to be heard by the Supreme Court on Thursday 7 October. Listening to the well-rehearsed arguments will be Lords Walker and Collins and Lady Hale.
Friends and acquaintances of Polish IP enthusiast Berenika Depo, who died so suddenly last week (see IPKat post here), will be pleased to know that a Berenika Award for Talented Young Polish IP Lawyers is to be set up by her Foundation, the Amici Berenicae. The IPKat has received a touching email from her father, who writes: "Instead of flowers we ask all her friends to donate a little amount of money in Berenika's memory to her Foundation". Details are available from her firm's website here.
Inspired by the notion, described in this recent post, that no reasonable consumer in the United States might regard a product branded 'vitaminwater' as being a healthy beverage, several of the Kats' correspondents have been sending him amusing items from their own jurisdictions which reflect upon things that reasonable consumers might not consider. One example, sent in by the IPKat's friend Rachel Dawson, concerns the term KIWICLAMS which, the Assistant Commissioner for trade marks in New Zealand opined, no ordinary consumer would associate with the trade mark applicant's greenshell mussels which originated from New Zealand (see P Te Huia [2007] NZIPOTM 11. For the unitiated, the New Shorter Oxford English Dictionary, cited in the decision, defines "kiwi" as “a commonly used description of goods or services that come from New Zealand” and "clam" as “a bivalve mollusc”.
Just reading, CSC Media Group Ltd v Video Performance Ltd [2010] EWHC 2094, an appeal from a copyright tribunal. What struck me was the composition of the tribunal,
ReplyDelete"His Honour Judge Fysh QC SC, Rear-Admiral James Carine and Colonel Roderick Arnold"
What's with the hangers-onners? I can appreciate a QC being present but ... admirals and colonels?