On March 27th, 2018, the Court of Appeal of Paris issued a decision on withdrawal of the seizure order on the grounds that the principle of impartiality had been violated since the patent attorneys (“CPIs”) assisting the bailiff wrote a report on the probability of the infringement annexed at the seizure request. It will thus…

A Markush claim is a type of claim commonly used in chemical and pharmaceutical fields. On December 20, 2017, in Beijing Winsunny Harmony Science & Technology Co., Ltd. v. Daiichi Sankyo Co., Ltd, (“Daiichi Sankyo Case”), the Supreme People’s Court (“SPC”) resolved a long standing-split among Chinese courts regarding the interpretation and amendment of Markush…

In a previous post here, we described constitutional and procedural challenges to inter partes review (“IPR”) in the Oil States and SAS Institute cases taken up by the U.S. Supreme Court.  We also posted here on Allergan’s attempt to avoid an IPR by assigning its challenged patents to an American Indian tribe that claims tribal…

In a recent judgement rendered by the Danish Maritime and Commercial Court (SH2018.T-3-16 – Hexa-Cover A/S et al v. Kirk Plast A/S et al), the court heard an infringement case based on the alleged infringement by virtue of the marketing and sale of a system of so-called floating tabs, which serve to provide a cover…

The Finnish act on the right in inventions made at higher education institutions is in the process of being amended. The reason behind the underlying revision is to enhance the commercialisation of inventions at higher education institutions. Statistics on patents granted from 2013 to 2016 show that Finnish universities in general produced high-quality research and…

Dr. Simon Klopschinski rospatt osten pross Intellectual Property Rechtsanwälte Since the Eli Lilly v. Canada award of 2017, the relevance of international investment law for patents has been known to a wider public. In response to the revocation of two Canadian patents concerning the compounds olanzapine and atomoxetine by Canadian courts, the US pharmaceutical company…

…great forces are up against each other and a dispute arises. Fortunately, it is not a war of biblical dimensions, but only a lawsuit, a significant and legally interesting one though, about an Supplementary Protection Certificate. The parties were Teva (Hebrew word for nature) and Gilead (aka Hill of Testimony, a mountainous region east of…

On 12 July 2017, the UK Supreme Court handed down a ruling which caused a shockwave to resound across the UK patent community. For more than a decade, when addressing the issue of the construction and infringement of a patent, every practitioner would have focussed on the question prescribed by Lord Hoffmann in Kirin Amgen:…

Historically, the Spanish Patents and Trademarks Office (“SPTO”) has rejected the correction of the registered term of supplementary protection certificates (“SPCs”), even in cases where such term has had to be recalculated due to the new case law emanating from the Court of Justice of the European Union (“CJEU”). As reported in our posts of…