Since the U.S. Supreme Court last year in Oil States rejected a constitutional challenge to the Patent Trial & Appeal Board’s authority to invalidate patents in post-grant reviews, patent owners in the United States have started exploring other constitutional challenges to these PTAB proceedings. Some patent owners have said that the PTAB violated their due…
One of the deepest insights in moral philosophy is provided by Erich Kästner’s short rhyme „Es gibt nichts Gutes. Außer man tut es.“ (There’s nothing good. Unless you do it.), which became one of the most cited proverbs in German. Mind Kästner’s original punctuation. In the first sentence, he expressed fundamental skepticism that there is…
44 U.S. states filed a lawsuit last Friday accusing Teva Pharmaceuticals USA of conspiring illegally with 19 other drug companies to inflate drug prices – sometimes by more than 1,000 percent – and stifle competition for generic drugs. As is set out in the complaint, ‘the Plaintiff States allege that Defendant Teva consistently and systematically,…
After the European Parliament adopted a controversial new regulation introducing an SPC manufacturing waiver for export and stockpiling in its last plenary session on 17 April 2019, as previously reported on this blog, the corresponding legislative act has now also been adopted by the Council of the European Union in its meeting today on 14…
One of the actors that has been seeking to pop-up in the European patent theatre in recent decades is plausibility. As readers will be aware, the debate around plausibility initially arose at the European Patent Office in the mid-1990s (T 939/92, AgrEvo) at a time when applications with extremely broad claims were in vogue, particularly…
Of the mainstream UK political parties, only the Liberal Democratic Party is overtly “Remain”. It has just launched its EU Parliamentary Election campaign with the somewhat surprising slogan “Bollocks to Brexit”. From an IP lawyer’s perspective, this raises an amusing question of whether copyright could subsist in such a slogan, because if so, the LibDems…
Perhaps it’s just me becoming more and more impatient with age, but I increasingly wonder why it is that so many things take so long in my home country. The litany is endless, from Berlin airport via Stuttgart 21, to any simple construction site on any German highway. From the formation of our government to…
A further interesting decision handed down by the Judges of the English Patents Court prior to the Easter break was a judgment from Nugee J concerning proceedings between E. Mishan and Hozelock relating to a UK patent and European patent, both entitled “Expandable Hose Assembly”. E. Mishan (trading as Emson) claimed that Hozelock’s expandable garden…
Not too long ago we learned of a referral question from Technical Board of Appeal 3.5.03 regarding the legal basis for holding oral proceedings before the Boards of Appeal in Haar rather than in Munich. While it does not directly relate to the legal question in the referral, a relevant consideration was recently published in…
Ice cream shop franchisor showed that franchisee misappropriated a trade secret and that it would suffer irreparable harm absent a preliminary injunction. An ice cream parlor franchisor showed that information it gave to a franchisee was not known outside the business and was restricted by confidentiality agreements and was therefore likely a trade secret, the…
