On 14 October 2020, the Swiss Federal Council published a preliminary draft of a revised version of the Swiss Patent Act (R-PatA; see current PatA). Further official documents in German/Italian/French can be found here: Explanatory Notes. The Swiss Institute of Intellectual Property (IPI) published additional information in English here and here. Stakeholders are invited to…

In these days and times, we are constantly reminded how important and how endangered seemingly simple concepts are such as truth, facts, science and trust. Hannah Arendt, the famous Jewish German-born American political philosopher, wrote about seventy years ago in her first major work “The Origins of Totalitarism” The ideal subject of totalitarian rule is…

On 15 October 2020 Meade J. handed down his first ever written judgment in his new role as a Judge of the High Court in MSD v Wyeth. The neutral citation for the case is [2020] EWHC 2636 (Pat) and a link to the judgment is found here. The Judge had heard the case back…

Joining the majority of European courts, the Paris Court of Justice ruled that Eli Lilly’s patent, which relates to the combined administration of pemetrexed disodium and vitamin B12, was infringed by the marketing of Fresenius’ pemetrexed diacid. It also awarded a record amount of damages of €28,000,000: a first in Europe. 1. The pemetrexed “saga”…

In Linklinear Development Co., Ltd. v. Shanghai Baoye Group Corp., Ltd., [(2019) SPC. IP. Civil. Jur. Fin. No. 2] (November 1, 2019), the IP Tribunal of the Supreme People’s Court (“SPC”) affirmed a lower court’s decision denying the transfer of Linklinear’s later-filed infringement action to another court that hears a first-filed declaratory judgment action, holding…

As reported on Kluwer Patent Blog,  the Supreme Court of England and Wales issued a key decision in the Case of Huawei and ZTE vs Conversant and Unwired Planet. Both lawsuits pertain to standard essential patents and seek to resolve how address international commercial activity from a legal perspective. The cases offer a wealth of…

Mr Justice Morgan handed down judgment on 22 July 2020 ([2020] EWHC 1968 (Pat)) in relation to two patent infringement actions brought by Lufthansa which were heard together.  The first infringement action was against two defendants, Astronics Advanced Electronic Systems and Safran Seats GB Ltd.  The second action was against Panasonic Avionics Corporation. It is…

Mishan (T/A Emson) v Hozelock & Ors [2020] EWCA Civ 871 Since Arnold LJ’s elevation to the Court of Appeal in 2019, he and Floyd LJ have heard about 11 cases together, spanning a mixture of areas of law, some patents cases and some not.  In the majority of these cases, Floyd LJ (or a…