When the legislation creating supplementary protection certificates (now consolidated in Regulation 469/2009/EC (the “SPC Regulation”)) was first introduced in 1993 no-one could have foreseen the deluge of CJEU references on the interpretation of this “uniform solution” that was to follow. As recently as autumn 2011, one might have expected (or at least hoped) that the…

Almost one year ago the European Court of Justice (CJEU) “clarified” the law on supplementary protection certificates. On November 24, 2011 it rendered its verdict in the “Medeva” case (C-322-10). One should not forget that “Georgetown” (C -422/10) was rendered on the same day and only one day later, the Yeda (C-518/10), Queensland (C-630/10) and…

August and September are traditionally vacation months in the English Courts although the Patents Court can and often does sit in September. As a result of this, not many judgments are handed down in these months. However on 5th September 2012, the Court of Appeal handed down an important and very interesting decision in the…

The interesting six-jurisdiction patent case between two of the world’s leading enzyme manufacturers, the Danish companies Danisco A/S (now part of DuPont) and Novozymes A/S has already been subject to earlier blogs both here and several times on EPLAW and PatLit. To recap the story briefly, Novozymes started the proceedings by applying for a preliminary…

The High Court considered the extent to which a claim for damages in a patent infringement case could be extended at the damages inquiry stage. It found that whilst it is just and convenient to extend the inquiry to infringing acts of the same type as that on which the Court in the main action…