While the numerous recent court decisions may suggest so, the ‘F’ in FRAND does not stand for ‘Fashionable’. The reader of this blog, well-informed in patent matters, will know by heart what this acronym spells out. He (or, I say once and for all, she)1 will also know that, next to technical intricacies of assessing…

Among the flurry of pre-summer vacation judgments coming from the Patents Court is one from Mr Justice Birss (17 July 2019), concerning the validity of Hoffman-La Roche’s patent EP (UK) 2 007 809. EP’809 is a formulation patent for the monoclonal antibody vedolizumab, marketed as Entyvio® and used to treat ulcerative colitis and Crohn’s disease….

Pemetrexed, yet again: last Wednesday the District Court of The Hague, swimming against the current and after a deep dive in the prosecution file, decided that Fresenius did not infringe Eli Lilly’s ‘pemetrexed disodium’ patent with a generic product that does not contain pemetrexed disodium, not even by equivalence. The basic facts of the widespread…

After several rounds of revisions, the latest draft of the 4th amendment of the Patent Law was released by the Standing Committee of the National People’s Congress (“NPC”) after its first reading in December 2018. This version is expected to be very close to the final amendment. As a response to the “Opinions on strengthening…

Russian law provides that information on state registration of drugs shall be publicly available. For a long period, MoH used to turn a blind eye to this obligation, keeping information on all filed applications confidential. Absence of this information used to pose additional risks for patent holders lacking information on the upcoming launches of generic…

A further interesting decision handed down by the Judges of the English Patents Court prior to the Easter break was a judgment from Nugee J concerning proceedings between E. Mishan and Hozelock relating to a UK patent and European patent, both entitled “Expandable Hose Assembly”. E. Mishan (trading as Emson) claimed that Hozelock’s expandable garden…

The UK Supreme Court today handed down its decision in Actavis v ICOS. The decision was unanimous, with Lord Hodge giving the only judgment. The case concerns two principal questions. First, how the test for obviousness applies to a dosage patent; and secondly, whether the Court of Appeal was entitled to reverse the judgment of…

In a post yesterday our colleagues at Vossius commented on the CJEU’s decision, which had just been handed down in Abraxis*. As Vossius have explained, although the decision appears to give clarity for new formulations of old products, it remains unclear as to how this can be reconciled with Neurim, which was not overturned. In…

… that is the question in recent ‘Dutch discovery’ proceedings in a patent dispute between beer giants Anheuser-Busch Inbev (‘ABI’) and Heineken. Well, sort of: the legal question was if ABI would be granted access to documentation seized at Heineken’s premises in the Netherlands. The Hague Court’s Preliminary Measures Judge’s answer did all but refresh…