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…

The Court of Justice of the European Union (CJEU) has clarified when a product is ‘protected by a basic patent’ within the meaning of article 3(a) of the SPC Regulation. In a long awaited preliminary ruling, the CJEU decided last week that: ‘Article 3(a) of Regulation No 469/2009 of the European Parliament and of the Council of 6 May…

Substantial evidence supported a jury’s finding that Raytheon Company failed to show that infrared imaging equipment manufacturers Indigo Systems and FLIR Systems Incorporated (collectively, “Indigo”) misappropriated trade secrets relating to sequential vacuum baking procedure and in situ solder sealing package assemblies, the U.S. Court of Appeals for the Federal Circuit has ruled, because a reasonable…

The federal district court in Alexandria, Virginia, properly dismissed an inventor’s appeal of the Patent Trial and Appeal Board’s decisions rejecting six patent applications on the grounds of lack of utility and collateral estoppel, the U.S. Court of Appeals for the Federal Circuit has held. The applications were directed to unproven cold fusion technology. One…

The United Kingdom wants to stay in the Unitary Patent system post-Brexit. This has been confirmed in the UK’s Brexit White Paper, which was published today. According to article 151 of the paper, ‘The UK has ratified the Unified Patent Court Agreement and intends to explore staying in the Court and unitary patent system after…