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24 May 2012
Issue: 7515 / Categories: Case law , Law digest , In Court
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Patents

Merck Canada Inc and another v Sigma Pharmaceuticals plc [2012] EWPCC 21, [2012] All ER (D) 85 (May)

It was an established principle that orders for destruction or delivery up were not made because the act of keeping was itself an act of infringement as defined by s 60(1)(a) of the Patents Act 1977. In such a case, the continued keeping would be caught by the injunction. Orders for delivery up or destruction were ancillary to the injunction and their purpose was to act as an aid to the injunction. Such an order when made would obviously have the effect of protecting the patentee from any use after the expiry of articles made during the currency of the patent but it was not accurate to say that that in itself was a or the purpose of orders for destruction
 

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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