The recently released judgment in J1/24 (relating to EP 3660979B1), from the Legal Board of Appeal at the European Patent Office (EPO) is a divisive judgment, which could potentially have far-reaching implications. Existing legislation ignored/overturned by J1/24 The European Patent Convention is clear that a divisional application must be filed from a pending parent application,…
In an important decision rendered on 24 April 2024, the Commercial Chamber of the Cour de cassation (i.e., French Supreme Court) ruled that the assignment of a patent is not enforceable against third parties if it is not registered, but that the regularization of this situation during the infringement proceedings allows covering all acts of…
As one of the most biodiverse countries in the world, Brazil has long been a natural research powerhouse. In fields such as pharmaceuticals, it is common to study the genome of plants, animals and microorganisms, applying this knowledge to create new products and processes that may be eligible for patent protection. As an example, in…
When interpreting a patent claim, the person skilled in the art does not apply a philological understanding, but rather determines the technical meaning of the terms used with the aid of the description and the drawings. From the function of the individual features in the context of the patent claim as a whole, it must…
Is Germany no longer the Eldorado for preliminary injunctions (“PI”) applicants? Whatever the answer to this question, the UPC local division of the most famous German patent forum (i.e., Düsseldorf) has rejected Novartis and Genentech’s application for a PI against Celltrion relating to the anti-IgE antibody marketed under the name Xolair® (omalizumab), ruling that there…
While the patentability of further medical use claim defined by a dosage regimen used to be ruled out, the EPO’s Enlarged Board of Appeal has accepted them since decision G 2/08 in 2010. This patentability was also strongly debated before the French Courts, even after G 2/08, before being eventually recognized, although the interpretation of…
Software-driven innovations have become so embedded in our daily lives that almost every single activity we perform has some degree of interaction with them. The massive presence of software-related innovations in our lives is accompanied by an increasing number of patent filings therefor. According to the World Intellectual Property Organization (WIPO), in 2023, computer technologies…
In a second case between DexCom and Abbott, DexCom claimed against Abbott for infringement of a divisional patent by its glucose monitoring system. However, Abbott, in a similar fashion as with the parent patent, also counterclaimed for revocation of the divisional patent. Case date: 31 July 2024 Case number: CFI 233/2023547520/20232178/2024 Court: UPC Local divisions of the…
On 27 August 2024, the Munich Local Division awarded a preliminary injunction (‘PI’) in an action brought by Hand Held Products against Scandit for infringement of EP3866051 (“Mobile computer configured to read multiple decodable indicia”) in relation to Scandit’s ‘Data Capture SDK’ software (Order UPC_CFI_74/2024). The Court held that Scandit’s software development kit (SDK) more…
The first Over-the-Counter Continuous Glucose Monitor (CGM) ever cleared in the United Stated by the FDA was launched by Dexcom. The Stelo Glucose Biosensor System (commercial name) has been cleared for anyone 18 years or older who does not use insulin (such as individuals with diabetes treating their condition with oral medications, or those without…
