In this case the Federal Court of Justice (FCJ) allowed a compulsory licence under a patent for a pharmaceutical active ingredient for the first time ever. The Court held that a public interest in such a licence may still exist where it concerns only a small group of patients. In particular, the interest may be…

by Katie Rooth Whilst ostensibly a standards essential patents dispute, there have now been two decisions from the English Courts in this case both on the construction of a licence agreement under Californian law. These two judgments have come before any substantive decisions on infringement or validity of the three patents asserted by Philips against…

Following inter partes review of several claims of a patent directed to a trigger/seal mechanism for a beverage container, the Patent Trial and Appeal Board properly applied the broadest reasonable in construing a connection limitation disclosed in the challenged claims, the U.S. Court of Appeals for the Federal Circuit has decided. The Board’s construction was…

The appointment of Antonio Campinos as new president of the European Patent Organisation has had a cautious reception. Campinos was elected during a meeting of the Administrative Council of the EPO earlier this month. He will succeed the controversial president Benoit Battistelli, whose term in office has been marked by years of deep social unrest….

The European Patent Organisation consists of two organs: the European Patent Office and the Administrative Council. Pursuant to Art. 4 EPC, the task of the Organisation is to grant European patents. This shall be carried out by the European Patent Office supervised by the Administrative Council. Thus, the Administrative Council is supposed to supervise the…

For many years, Spanish Courts have considered the “problem & solution approach” developed by the European Patent Office (“EPO”) to be a very useful tool for the purpose of trying to make an objective assessment of inventive activity. Unlike in other jurisdictions such as Germany, in Spain this method has become the natural instrument used…

Although the Irish government scheduled a series of referendums for 2018 and 2019 last month, the referendum on Irish participation in the Unitary Patent system was not one of them. This was confirmed by the Department of Business, Enterprise and Innovation in Ireland. The press office of the ministry stated: ‘The Government deferred making a…

The Administrative Council (AC) of the European Patent Organisation has elected António Campinos to succeed Benoît Battistelli as President of the EPO. Campinos 5-year term will start on 1 July 2018. According to an EPO announcement, the Portuguese Campinos was elected during the AC meeting in Munich today. He is currently Executive Director of the…

In the US, the potential for forum shopping in patent litigation has recently been reduced by the TC Heartland ruling of the Supreme Court. But what can be expected at the Unified Patent Court, with its central, regional and local divisions? Amandine Léonard, PhD researcher at the KU Leuven Centre for IT & IP Law, thinks the…

The IT Team of the UPC Preparatory Committee will launch a new version of its CMS next week, in line with the requirements of the period of Provisional Application of the UPCA ‘and specifically designed for the Court’s sunrise phase’ – the period preceding the UPC opening its doors, during which European patents can be…