Damages, Infringement, Japan, Patents, Pharma

, (Abe, Ikubo & Katayama)/ /Leave a comment

On May 27, 2025, the Intellectual Property High Court of Japan ruled in favor of Toray Industries, Inc. in a landmark patent infringement lawsuit (Case No. 2021 (Ne) 10037) concerning the extended patent rights for the antipruritic agent “Remitch®” (nalfurafine). The court ordered two generic companies, Sawai Pharmaceutical Co., Ltd. and Fuso Pharmaceutical Industries, Ltd.,…

Case Law, EPO, Inventive step, UPC

(Michalski Hüttermann & Partner)/ /Leave a comment

One of the most highly debated issues at the UPC before its commencement was the question, how the UPC would deal with validity of patents – would it essentially take over the EPO’s course? Or would it deviate from that? From the first judgments, many commentators drew the conclusion that at least when it comes…

Litigation, Patents, UPC

(Dhenne Avocats)/ /Leave a comment

Yesterday, I shared some early figures from the UPC Court of Appeal, offering a glimpse into how the Court operates two years after its launch. But those reflections lingered long after I closed my laptop. They kept me up — long enough to return to a thornier, more theoretical question that has remained unresolved since…

Litigation, Patents, UPC

(Dhenne Avocats)/ /Leave a comment

Introduction: A Concert Interrupted Imagine a Rammstein concert—tight rhythms, explosive precision, and overwhelming power. That’s what many expected from the German divisions of the UPC: efficiency, control, and dominance. But two years into the life of the Court of Appeal, that expectation has begun to unravel. What we see instead is a more nuanced performance—less…

Case Law, ownership, Spain

(Clifford Chance)/

Decisions in patent ownership disputes are rare in Spain. The last significant one was the 2022 judgment from the Spanish Supreme Court in the “Ecoforest” case. Now, the Valencia Court of Appeal – a growing forum for patent disputes – rules that the two-year statute of limitations for filing patent ownership claims cannot be interrupted….

Patents

, (RNA Law)/

Brazil’s long-running effort to internalize drug manufacture through state-backed technology transfer agreements continues to face scrutiny. On May 7, 2025, the country’s Government Accountability Office (GAO) upheld its prior recommendation that the Ministry of Health (MOH) refrain from initiating new Partnerships for Productive Development (Parcerias para o Desenvolvimento Produtivo – PDPs) until it can demonstrate…

Patents

, (RNA Law)/

The Brazilian Patent and Trademark Office (BRPTO) published Ordinance No. 04/2025 (May 27, 2025), which formalizes the internal workflow for resuming the technical examination of patent applications following an appeal against a previous rejection decision (identified by publication code 100.2). The ordinance consolidates and standardizes the procedures to be followed when the BRPTO’s Board of…

(Cross-border) jurisdiction, CJEU, EPO, FRAND, SEP, UPC

(Brinkhof)/

On 14 May, the EPO published the study Standards and the European patent system. The study seeks to improve transparency in the relationship between standards and patents in Europe, by providing insights from an EPO dataset linking patents and standards. The study also provides early observations into SEP litigation under the UPC. I will very…

Patents

, , (RNA Law)/

ANVISA (the Brazilian regulatory authority) is considering updating rules addressing medical devices in a clear indication that this market is growing and requires more attention. Medical devices play a vital role in healthcare, having evolved from simple tools like thermometers and bandages to sophisticated technologies such as robotic surgical systems, implantable neurostimulators, and AI-powered diagnostics….