Intellectual Property Law – Patent Law – Invalidity For Obviousness
The case of Conor Medsystems Inc v Angiotech Pharmaceuticals Inc and Another [2007], concerned a patent for a medical device used in operations. The defendants owned a European patent for a device called a ‘stent’ used in coronary angioplasty. The ‘stent’ is inserted into a diseased artery during the procedure to keep the artery open. The claims in the patent concerned a ‘stent’ coated with a polymer loaded with the drug taxol. This drug inhibited the development of tissue which might result in the artery closing.
Intellectual Property Law-trade Mark Registration-vita
The recent case of Sunrider Corporation v VITASOY International Holdings Ltd [2007], concerned an opposition to a trade mark registration. According to s.5(2) of the Trade Marks Act 1994:
“A trade mark shall not be registered if… it is similar to an earlier trade mark and is to be registered for goods or services identical with or similar to those for which the earlier trade mark is protected, [and] there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the earlier trade mark”.