2021, the year that surely can’t be worse than 2020 (an IP perspective)

Callum Beamish (Associate), Lin Lui (Senior Paralegal), Sarah Stephens (Senior Paralegal) and Millie Jordan (Paralegal) take a look at what 2021 looks to have in store (other than more explanations that “you’re on mute”).

A further hearty instalment – Edwards v Meril (HP-2020-000003; HP-2020-000007)
The remaining three trials in the Edwards v Meril saga are due to take place in April, July and October – including a trial where Meril will seek to resist an injunction on public interest grounds. There is also a chance that Meril’s (granted) and Edwards (sought) appeals of the [2020] EWHC 2562 (Pat) decision are also heard.

Some like it hot – Philip Morris v British American Tobacco (HP-2020-000011, HP-2020-000012)
Two UK trials will be heard as part of Philip Morris (represented by Powell Gilbert) and BAT’s global heat-not-burn device dispute following Philip Morris’ successful expedition application in HP-2020-000012.

The English German view – Royalty Pharma v Boehringer (HP-2019-000001)
Judgment is expected on infringement of an EPC 2000 claim (under German law) in Royalty Pharma (represented by Powell Gilbert) and Boehringer’s licensing dispute regarding diabetes products.

Getting lined up – Illumina v Latvia MGI (HP-2019-000052)
Judgment is expected from a five patent, 3 week infringement and validity trial concerning DNA sequencing where Powell Gilbert represented Illumina. Further infringement and validity proceedings involving a sixth patent are set to kick off this February.

Telecoms technical – IPCom v Lenovo (HP-2019-000024) and IPCom v Xiaomi (HP-2019-000031)
The combined technical trial of this global damages dispute concerning patents said to be essential to 3G and 4G is due to be heard in October 2021. Powell Gilbert is acting on behalf of Lenovo and Xiaomi.

Return of the Pregabalin – Warner-Lambert v Actavis (HC-2014-001795, HP-2014-000021, HP-2020-000031)
The damages inquiry following from the pregabalin litigation is underway and will begin to truly take shape this year. A judgment is expected following a trial to be listed after 1 June 2021 that will, amongst other things, address the correct legal approach to assessing the claims of multiple parties (including the NHS) claiming under various cross-undertakings in damages given by the same inquiry defendant. The litigation will be one to watch for those facing and seeking injunctions.