Late in 2018, Board 3.5.07 issued two decisions on appeals from Examining Division decisions, in which the length of the examination procedure was excessive.  The Board decided that such delays can amount to a substantial procedural violation, but that it is only equitable to reimburse the appeal fee if the applicant took some proactive measures…

Pemetrexed, yet again: last Wednesday the District Court of The Hague, going 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…

The future of the Unified Patent Court and the Unitary Patent system may be uncertain, it hasn’t stopped Milan from promoting its ambition to become the seat of London branch of the UPC’s central division, in case this will be relocated due to the Brexit. Later this month Milanese representatives will have a meeting with…

The Federal Court of Justice held that introducing only selected features of an example into a claim is allowable if the resulting combination in the claimed generality is derivable from the application as originally filed. Further, a general incentive from the prior art does not render the specific embodiment of an invention obvious. Case date:…

Although at first instance the patent was found to lack inventive step without using the problem-and-solution approach, the use of the PSA by the Court of Appeal did not make a difference to the outcome in the present case. Case date: 28 May 2019 Case number: 200.222.873/01 Court: Court of Appeal of The Hague A full…

The legislative procedure introducing an SPC manufacturing waiver in the European Union has been completed today on 11 June 2019 with the publication of the corresponding new Regulation (EU) 2019/933 of 20 May 2019 (PDF) in the Official Journal of the EU. The manufacturing waiver provisions will enter into force on the 20th day after…

The Court held that the CJEU decision in the Bericarp case, where it was decided that for invalidity procedures no reimbursement of full litigation costs applies, did apply to invalidity proceedings if these did not contain an enforcement procedure. Case number: 26 March 2019 Case date: 200.230.424/01C/09/509050 / HA ZA 16-435 Court: Court of Appeal of…

Three years after the last recruitment campaign for legally and technically qualified judges of the Unified Patent Court, the UPC Preparatory Committee has launched a new round of recruitment for UPC judges. An announcement was published on the website of the Preparatory Committee (Prep Com) earlier today. Kluwer IP Law understands the Preparatory Committee had…