The Federal Constitutional Court of Germany (BVerfG) intends to decide on the complaint against German ratification of the Unified Patent Court Agreement this year. The case (2 BvR 739/17) is on the 2019 decision list, which was published yesterday. It doesn’t come as a surprise. The UPCA case was on the 2018 list as well,…

The Court of Appeal upheld the first instance decision that the patent in suit lacked novelty and inventive step over the prior art. The Court confirmed, following Halliburton v Smith, that despite the fact the parties had reached a confidential settlement and Sony was not involved in the appeal, it was necessary to hear the…

The Court of Appeal upheld a decision of the Intellectual Property Enterprise Court that the patent in suit was novel and inventive over the prior art. In construing the numerical ranges of the patent, the Court of Appeal pointed out that the purpose of a comparative example is that identifies something outside the claimed invention…

It is often said that ‘tomorrow never comes’.  Likewise, a recurring theme for some years has been that ‘the UPC will start next year’. As 2019 is now well under way, it is time to consider whether this year we can be more optimistic than this, and how the turmoil in the UK Parliament affects…

While the UK is holding its breath ahead of Parliament’s vote on the Brexit deal, many patent specialists think a ‘no deal’ will be a fatal blow for the UK’s ambition to stay in the Unitary Patent system. But according to Alfonso Sabán, attorney at law and political scientist in Madrid, it is obvious that,…

Applying the so-called ‘Actavis Questions’ (further to the Supreme Court decision in Actavis v Eli Lilly), the Court of Appeal reached a different conclusion from the Patents Court on the issue of infringement. However, as the Court of Appeal upheld the first instance Court’s decision that the patent was invalid, this ultimately did not change…

The Court of Appeal overturned the Patent Court’s first instance decision concerning the validity of one of ICOS’s patents (licensed to Eli Lilly) covering a 1 to 5mg dosage form of tadalafil (Cialis®) for oral administration up to a maximum of 5mg per day for the treatment of sexual dysfunction.  The Court held that the…

Early on Monday 10 December 2018, the Court of Justice of the European Union issued its judgment in Wightman et al v Secretary of State for Exiting the European Union (C-621/18), on whether the UK can unilaterally withdraw its Brexit notification. Although of course the judgment is strictly a legal reasoning, it also comes as…

Why would anyone want to have their own supplementary protection certificate (SPC) revoked? – The answer is, quite simply, Article 3(c). Under Article 3(c) of Regulation (EC) 469/2009 on SPCs for medicinal products (and, likewise, under Article 3(1)(c) of Regulation (EC) 1610/96 on SPCs for plant protection products), an SPC shall be granted only if…