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20 November 2014
Issue: 7631 / Categories: Case law , Law digest , In Court
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Patent

Les Laboratoires Servier and another v Apotex Inc and others [2014] UKSC 55, [2014] All ER (D) 328 (Oct)

In the course of a dispute regarding infringement of the claimant’s patent, the Supreme Court held that the illegality defence had not been engaged by the consideration that the defendant’s lost profits had been made by selling product manufactured in Canada in breach of the claimant’s Canadian patent. A patent was a public grant of state, it did not follow that the public interest was engaged by the breach of the patentee’s rights. There was no public policy that could justify in addition the forfeiture of the defendant’s rights. The infringement of foreign patent rights did not constitute a relevant illegality for the purpose of the defence of ex turpi causa.

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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