Twenty cases that will change the way you work

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Twenty cases that will change the way you work

cover-puff.jpg

Managing IP's cases of the year for 2012 includes the annual top 10, plus 10 smaller rulings you might have missed. By Emma Barraclough, Simon Crompton, Peter Leung, Paul Madill, Eileen McDermott, James Nurton and Alli Pyrah

cover.jpg

This has not been a year for blockbuster cases. Even though the volume of litigation remains high, neither Europe nor Asia has thrown up many surprising results. And though the United States has given us Louboutin's red-soled shoes and the first jury trial in Apple v Samsung, both cases covered issues that had been raised the year before.

Rather, 2012 was characterised by a series of cases with important but often subtle points. UsedSoft in Europe and OptusTV in Australia addressed fundamental issues about the future of copyright. Oracle v Google in the US threw up both patent and copyright issues, without any particular one grabbing the headlines.

As usual, we present our 10 biggest cases of the year, which can be accessed from the links below. But we also include a selection of smaller cases that readers might have missed. They often received little mainstream coverage, but settled important points such as the prevention of parallel imports in Russia, or highlighted worrying trends such as Monsanto's loss in Brazil.

The cases were all selected by Managing IP's journalists in London, New York and Hong Kong. Cases could not be nominated and no one could vote for their inclusion.

We welcome comments on the cases. Please use the comment button at the top of the page, or join us on Twitter (@ManagingIP) to join the debate there.

The 10 cases of the year

A fillip for the EU pharmaceutical sector

Relief for trade mark owners in red sole saga

Australian TV streaming service held to be illegal

Smartphone war hits front page in the US

Liberalising the EU’s software market

India allows parallel imports

Victory for fair dealing in Canada

Lacoste loses its trade mark in China

Google prevails in Android attack

EU test case clarifies class headings

Ten you might have missed

Canada: Ambiguous claims can invalidate patents

Russia: Certainty on parallel imports

Italy: TV formats win copyright for the first time

First FRAND cases litigated worldwide

Monsanto loses in Brazil

Data exclusivity backed by Mexican courts

China: A shift over OEM manufacturing

Authors in the US able to reclaim joint copyrights

Germany: Knitted trainers a sign of the future

India: Financial Times loses trade mark

more from across site and SHARED ros bottom lb

More from across our site

This year’s most-read stories covered uncertainty at the USPTO, a potential boycott of a major international IP conference, rankings releases, and a contempt of court proceeding
The parties have agreed on a court-guided settlement covering Pantech’s entire SEP portfolio, marking a global first
The introduction of Canada’s patent term adjustment has left practitioners sceptical about its value, with high fees and limited eligibility meaning SMEs could lose out
With the US privacy landscape more fragmented and active than ever and federal legislation stalled, lawyers at Sheppard Mullin explain how states are taking bold steps to define their own regimes
Viji Krishnan of Corsearch unpicks the results of a survey that reveals almost 80% of trademark practitioners believe in a hybrid AI model for trademark clearance and searches
News of Via Licensing Alliance selling its HEVC/VCC pools and a $1.5 million win for Davis Polk were also among the top talking points
The winner of a high-profile bidding war for Warner Bros Discovery may gain a strategic advantage far greater than mere subscriber growth - IP licensing leverage
A vote to be held in 2026 could create Hogan Lovells Cadwalader, a $3.6bn giant with 3,100 lawyers across the Americas, EMEA and Asia Pacific
Varuni Paranavitane of Finnegan and IP counsel Lisa Ribes compare and contrast two recent AI copyright decisions from Germany and the UK
Exclusive in-house data uncovered by Managing IP reveals French firms underperform on providing value equivalent to billing costs and technology use
Gift this article