As of December 1st, 2023, Brazil is leading G20, wherein one of the three priorities to be addressed is tackling climate change, with a focus on energy transition, in addition to promoting sustainable development in its economic, social and environmental dimensions[1]. At this same date, the BRPTO launched a new commission, namely: sustainability and biotechnology…
Introduction It is common for parties to English patent litigation to settle their differences after the first instance judgment on the merits from the Court. This is for several reasons including the thoroughness of the Patents Court Judges, the Court of Appeal’s approach to issues such as obviousness (where only an error of principle will…
The Unified Patent Court has announced that a new functionality is available on the CMS to download multiple documents at once from a given case. ‘Provided the need to access multiple documents from a case at once, the CMS now allows via a “Document Download” function, to download a bundle of documents. In order to…
The Unified Patent Court has introduced a ‘My Legal Team’ functionality in the case management system. The functionality ‘allows for representatives and other users such as legal assistants, to gain access and work on cases before the Court.’ According to an announcement, the functionality ‘will be available for ongoing cases, for which the representatives already working…
The Status Quo injunction is not a variation on Wayne’s World classic “No Stairway, Denied” joke. While some may yearn for a ban on their generic tunes, Status Quo is still not denied. That is not the faith of all generics, as Teva found out in Dutch litigation over its generic version of Grünenthal’s Nebido:…
Introduction On 17 July 2023, the English Court of Appeal handed down its decision in a dispute between J.C. Bamford (JCB) and Manitou about the confidentiality of information disclosed in the course of litigation between JCB and Manitou relating to the validity and infringement of certain of JCB’s patents. At the heart of the confidentiality…
The transposition of the 2016 directive on trade secrets into French law by the law of 31 July 2018 and its implementing decree could have led to the expectation of difficulties with the so-called “saisies-contrefaçons”. The main one to remember is undoubtedly the application of the new article R. 153-1 of French Commercial Code to…
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…
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…
In two recent decisions the District Court of The Hague assumed cross-border jurisdiction in FRAND / Standard Essential Patent (‘SEP’) proceedings. In a first case the Court assumed jurisdiction on claims related to the FRANDness of a SEPs (patent pool) license. In a second case the Court assumed jurisdiction on an anti-anti-suit injunction (‘AASI’) claim…
