“UK Supreme Court Overturns Existing Case Law To Broaden The Scope Of Patent Protection”

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Source: Arnold & Porter Kaye Scholer LLP, via Mondaq, 19 July 2017

“The UK Supreme Court has overturned existing case law to, for the first time, formally recognise a “doctrine of equivalents”, resulting in a broader scope of patent protection under UK law. This new approach is more patentee-friendly and brings the UK into closer alignment with courts elsewhere in Europe and in the US.

Historically the English courts have held that the wording of the claim is decisive when determining whether a patent is infringed, resulting in a relatively narrow scope of protection. The Supreme Court held that this approach placed too much weight on the words of the claim and did not provide fair protection for patent holders. Fair protection requires a broader scope of protection, extending beyond the wording of the patent claims to also cover products which are technically equivalent. In the case at hand, the Supreme Court held that Eli Lilly’s patent claims covering “pemetrexed disodium” would be infringed by Actavis’ products containing various alternative forms of pemetrexed, which did not fall within the wording of the claims, properly interpreted, but were nonetheless technically equivalent.” Read the rest of this entry »

HMRC wins again, ‘brain disorder research’ scheme guilty of tax avoidance

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Source: HMRC 20 July 2017

HM Revenue and Customs has won a legal battle against a tax avoidance scheme, which claimed £122 million was spent on research into brain disorders, when only £7 million of it reached a genuine research company.

The win against Brain Disorders Research Limited Partnership protects taxes worth £29 million.

The organisation said the money was going to research into depression and Attention Deficit Hyperactivity Disorder (ADHD) but they claimed reliefs on artificial loans and large amounts of capital allowances. Read the rest of this entry »

“Barclays Bank and Four Former Bosses Face Fraud Trial”

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Source: occrp.org, 18 July 2017

“Barclays Bank and four of its ex-directors will stand trial for the fraudulent fundraising of £11.8 billion (US$ 21.9 billion) from Qatar in the wake of the financial crash, a London Crown Court heard Monday.

After a five-year investigation, the Serious Fraud Office (SFO) last month charged Barclays, its former CEO John Varley and three other ex-chiefs – Roger Jenkins, Tom Kalaris and Richard Boath – with conspiracy to commit fraud by false representation.

Barclays has been facing a string of controversies in recent years. In December, the US sued the bank for a mortgage fraud scheme. In May 2015, it was fined £1.53 billion (US$ 2.35 billion) for rigging the foreign exchange market. And this May, chief executive Jes Staley was forced to apologize after attempting to unmask a whistleblower.

“Taking on Barclays, one of the largest banks in the world, and its most senior officials who literally were at the very top, sends a very strong message that the SFO is now fearless in terms of the companies and individuals it pursues,” Sarah Wallace from the regulatory and investigations wing of law firm Irwin Mitchell told the Guardian.”

Source article here


“HMRC collects £4bn through pay now, dispute later rules”

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Source: ft adviser.com 17.07.2017

“HM Revenue & Customs (HMRC) has collected more than £4bn through the ‘pay now, dispute later’ rules for people who have used a tax avoidance scheme.

More than 75,000 accelerated payment notices (APNs) have been issued to people under enquiry for tax avoidance since rules were introduced in 2014.

HMRC has now issued APNs on all the schemes that were already under investigation when the new rules came in.”

Source article here