In two separate judgments, the Full Court has provided much needed clarity on how to identify the pharmaceutical products that can support a valid patent term extension in Australia, as Natalie Shoolman, Kent Teague and Rose Jenkins explain in this article. Takeaways: Patent term extensions must be based on the “earliest first regulatory approval date”…
In a complex case concerning blockbuster cinacalcet, Section 15 of the Barcelona Court of Appeals makes findings on the non-obviousness of inventions consisting of the provision of an unexpected technical effect. In these cases, the technical problem can be reformulated as providing such effect, provided that it is related to the problem initially disclosed in…
Meade J reaffirms the UK Courts’ approach to disclosure of confidential information How far should the Court go to protect a party’s confidential information during disclosure? In a recent decision ([2022] EWHC 490 (Pat)) in two related patent infringement actions between Siemens Gamesa Renewable Energy (“SGRE”) and General Electric (“GE”), Meade J confirmed that there…
The Bulgarian Supreme Court of Cassation (SCC) confirmed a second instance court judgment considering, inter alia, the effect of a later exclusive patent license contract having the same subject matter as an earlier one and the effect of (non-)registration of an exclusive patent license contract and its termination with the Bulgarian Patent Office (BPO). Case…
If, in an action for a declaration of invalidity of a patent brought by several plaintiffs, the proceedings against one of the plaintiffs are interrupted pursuant to Section 240 of the Code of Civil Procedure (CCP), a partial judgment may be given against the other plaintiffs. Case date: 24 August 2021 Case number: X ZR 59/19 Court:…
The article “One small step for “artificial intelligence”, and a giant leap for the Australian patent system? The Federal Court decision in Thaler v Commissioner of Patents” analyses the reasoning of Beach J in the Thaler decision at first instance, noting that this decision is the first judicial consideration in Australia relating to the impact…
The Board incorrectly interpreted Section 311(b)’s “prior art consisting of patents or printed publications” to encompass applicant admitted prior art, but such art may be relevant as an admission. Concluding that the Patent Trial and Appeal Board incorrectly considered applicant admitted prior art (AAPA) in its review of a Qualcomm’s integrated circuit patent in a…
Following nullity advice from the Dutch Patent Office, the Dutch administrative body for license plate registration filed the present successful nullity suit against a private inventor in relation to a patent for vehicle license plates with a built-in RFID chip. This case demonstrates the disadvantages of the Dutch registration patent system which can allow the…
The resolution addresses the question of when the limitation period starts to run when it comes to claims arising from a continuous (repeated) infringement of industrial property rights. The Supreme Court concluded that the limitation period for such claims should be calculated separately for and including each day of an infringement. This means that for calculating…
On 15 to 17 December 2021 a three-day trial took place to determine preliminary issues in a second action brought by Neurim against Mylan in relation to patents protecting the product Circadin (“Neurim v Mylan 2021”). Meade J’s judgment (Neurim Pharmaceutical (1991) Limited and Anor v Generics (UK) Limited t/a Viatris and Anor [2022] EWHC…
