(Corrected) The American Food Drug Administration (FDA) will follow the European Medicines Agency from London to Amsterdam because of the Brexit. That is clear from a report on the website of the FDA, describing its international activities. “Since the first foreign office opened in Beijing in November of 2008, FDA’s international presence has grown to…

The District Court of the Hague granted a provisional injunction against Sandoz’ generic darunavir product. As it was already offered in the G-standard, price erosion was an imminent danger for which a provisional injunction was warranted, and the SPC appeared to be valid having been held so in the parallell procedure before the UK court….

Over the past few years the pan-European and parallel national patent litigation based on Eli Lilly’s pemetrexed patent has attracted considerable attention, as it has resulted in a number of diverse land mark decisions in relation to the doctrine of equivalence, as evidenced by the various posts on the Kluwer Patent Blog. By way of…

Whilst it is highly debatable whether the EU Withdrawal Agreement will get through the UK Parliament, the chances are that if any revised deal is struck later, the IP provisions will remain unchanged.  (The Johnson brothers, and even Jacob Rees-Mogg are unlikely to be terribly exercised about matters such as the continued application post- 31…

Today, after nine months of waiting, the decision of the UK Supreme Court in the pregabalin litigation was handed down. Like Brexit and the nation, it is clear that the Supreme Court Judges were divided on several crucial issues. In this post, we will not attempt to give a detailed analysis of the decision but…

If a Brexit agreement is reached with the European Union, the UK can stay in the Unitary Patent system during the transitional period and likely be part of the system once this comes into effect. This was argued last week by Kevin Mooney of Simmons & Simmons, who is closely involved in the creation of…

by Pat Treacy, Sophie Lawrance, Francion Brooks and Helena Connors Yesterday, the Court of Appeal handed down its highly anticipated appeal judgment in Unwired Planet v Huawei. The unanimous judgment dismissed Huawei’s appeal, confirming Mr Justice Birss’ first instance decision in relation to the FRAND licensing of standard-essential patents (“SEPs”). The Court of Appeal considered…

On 10 October 2018 the Court of Appeal handed down its judgment in the matter of Icescape Limited v Ice-World International BV & Ors*. Three discrete issues were considered by the Court and, although the decision of the Lord Justices of Appeal ultimately did not change the effect of the first instance judgment, the opinions…

The Court of Appeal dismissed an appeal filed by Cubist against the Patents Court decision that one of its patents relating to antibiotic daptomycin was invalid for obviousness. The Court of Appeal was satisfied that the first instance Judge had an ample evidential basis to find the claimed invention obvious, his finding was properly reasoned…