Biologics, Case Law, Covid-19, Damages, Infringement, Inventive step, Patents, United Kingdom, Validity

(Bristows)/ /Leave a comment

Moderna secured a double victory in the Patents Court last week (2 July 2024) in proceedings against Pfizer and BioNTech.  In the first decision, Meade J found its modified mRNA patent to be valid and infringed by Pfizer and BioNTech’s “Comirnaty” vaccine.  In the second decision, Richards J rejected Pfizer and BioNTech’s defence based on…

Case Law, evidence, Infringement, Inventive step, Novelty, Patents, Pharmaceutical patent, United Kingdom, Validity

(Bristows)/

In his Abbott v Dexcom ([2024] EWHC 1664 (Pat)) judgment, published on 28 June 2024, Mr Justice Mellor was faced with the rather unenviable task of determining the approach of the Skilled Team when “due to their differing experiences and expertise” it was unclear if any of the experts were in a position to comment…

Patents

(RNA Law)/

Prepared by Rob Rodrigues and Luiza Cotia The recent publication of the pharma tech-transfer guidelines (PDPs or partnership for productive developments) is bringing an interest for companies to monitor patent portfolios in Brazil. (https://patentblog.kluweriplaw.com/2024/06/25/brazil-pharma-pdps-and-challenges-for-ip-owners/). In view of this development, one of the questions arising is how third parties can influence patent examination of cases that…

(Compulsory) license, Japan, Pharma

(Abe, Ikubo & Katayama)/

On May 30, 2024, the JPO announced that the request for a decision of granting a compulsory non-exclusive license based on public interest under Article 93 of the Patent Act, which was filed by Vision Care and VC Cell Therapy (the “Claimants”) on July 13, 2021, was withdrawn upon settlement.  It took more than two…

Equivalents, Infringement, Injunction, Patents, UPC

(Bristows)/

The reasons for the decision are now available in the case of Ballino v UEFA and others, following an oral hearing on 3rd of June 2004 in the Hamburg local division. As was previously known, the panel comprising Presiding Judge Sabine Klepsch, Judge-rapporteur  Dr. Stefan Schilling, and legally qualified Judge Samuel Granata dismissed the application…

(Indirect) infringement, Case Law, Infringement, Injunction, Prior use right, Revocation, Unitary Patent, UPC

(Bristows)/

In a decision issued today, the Düsseldorf Local Division has ordered the first ever permanent injunction at the UPC following a hearing on 16 May 2024. The injunction covers seven UPC member states: Austria, Belgium, Denmark, France, Italy, Luxemburg and the Netherlands. Notably, Germany was not included in the claim. The patent in question in…

Case Law, Infringement, Injunction, Inventive step, Litigation, Patents, Pharma, Pharmaceutical patent

(Bristows)/

The recent rivaroxaban PI cases may have caused you to ask yourself whether the American Cynamid principles for determining whether or not to grant preliminary injunctive relief in the UK are dead or at least dying.  In this article we consider the facts of the rivaroxaban PI applications and aim to tease out some principles…

Case Law, EPC, Patents, UPC, Validity

, (Hoffmann Eitle)/ /15 Comments

Following months of speculation, EPO Board of Appeal 3.2.01 yesterday issued decision T 439/22 referring questions to the Enlarged Board of Appeal on the extent to which the description and drawings should be used in claim interpretation.   The claim feature at issue was: “in which the aerosol-forming substrate comprises a gathered sheet”. The key…

Biologics, Brazil, Generics, Guidelines, Infringement, Pharma

(RNA Law)/

Prepared by Rob Rodrigues, Brenno Telles and Dara Offrede On Friday June 21, 2024, the government formally introduced regulations addressing the new framework for Partnerships for Productive Development (PDP). The Ministry of Health published new guidelines (Ordinance #4,472/20241) as part of the government policy to foster the “National Strategy for the Development of the Economic-Industrial…