Proceedings for the preservation of evidence and the subsequent infringement proceedings are two separate proceedings and only the latter is relevant for starting an intervention in opposition proceedings according to Art. 105 EPC. The admissibility of an intervention should be established at the moment of intervention and this cannot be changed by later events. Case…

Even if the German constitutional complaint against the Unified Patent Court Agreement is dismissed, the German government will not proceed with ratification of the UPCA until the consequences of the Brexit are entirely clear. The German Justice Ministry made this clear in answer to questions of parliament. In a letter earlier this month it stated:…

Declaratory-judgment actions of non-infringement are common in patent litigation because it allows the alleged infringer to proactively bring suit to resolve the situation and eliminate the cloud of uncertainty looming overhead. Under Chinese law, to bring a claim for declaratory judgment in a patent dispute, the claimant must establish that: (1) the patentee sends a…

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…

The Federal Court of Appeals for the 2nd Circuit reversed the trial court decision to determine the invalidity of Brazilian patent PI 9708108-6, owned by Sanofi-Aventis (case Cristalia Ltda v. Sanofi-Aventis Deutschland Gmbh). This patent claimed a combination of leflunomide and teriflunomide. The decision was published on August 24, 2018. In 2015, the Brazilian generic…

On 12 February 2019, the influential Barcelona Court of Appeal (Section 15) issued an interesting judgment clarifying the role played by a patent’s drawings for the purpose of interpreting the scope of protection of the claims. This judgment has reversed a previous first instance decision which, according to the Court of Appeal, unduly relied on…

The holder of a standard essential patent (SEP) should first notify the alleged infringer of the SEP, following which the alleged infringer should inform the patent holder of its willingness to take a licence. Then, said licence needs to be offered on FRAND terms. These steps are guidelines for good faith negotiations between the parties….

Regulatory Data Protection (RDP) issues are dealt with only by the Licensing Regulation of the Ministry of Health (MOH) of Turkey. In principle the relevant provision grants protection of data of originators for a term of 6 years as of the date of first Marketing Authorisation granted in the EU. However there is no mechanism…

The case at hand concerned an application by Pfizer for Arrow-declarations in relation to its proposed launch of its bevacizumab product (it will be branded “Zirabev”) for the treatment of various cancers in combination with other drugs. Since Pfizer was unable to show a “useful purpose”, the complaint was dismissed. The mere prospect of using…