In this decision of the Patents Court, Meade J dismissed an infringement claim brought by Promptu against Sky, on grounds that Promptu’s patent lacked inventive step.  The decision is interesting as it grapples with issues of infringement where some steps of a claimed method are performed outside the UK.  The decision also provides helpful guidance…

As many readers will already know, two new full-time Patents Judges have been appointed to the English Court in the last 9 months – Meade and Mellor JJ.  Despite the challenges that the global pandemic has brought, the English Patents Court has coped remarkably well and there has been no let-up in the progress of…

Mishan (T/A Emson) v Hozelock & Ors [2020] EWCA Civ 871 Since Arnold LJ’s elevation to the Court of Appeal in 2019, he and Floyd LJ have heard about 11 cases together, spanning a mixture of areas of law, some patents cases and some not.  In the majority of these cases, Floyd LJ (or a…

The English Patents Court has often been regarded as a relatively favourable jurisdiction for patentees seeking interim relief in the life sciences arena. This is for various reasons, including the fact that the English Court follows the approach adopted by the House of Lords in the American Cyanamid case, in which an assessment of the…

by Olivia Henry and Nicholas Michelmore On 20 April 2020, Arnold LJ (sitting as a High Court Judge) gave judgment in the case between FibroGen Inc and Astellas Pharma Inc (together the “Claimants”), and Akebia Therapeutics Inc and Otsuka Pharmaceutical Company Limited (together the “Defendants”) which concerned six patents owned by FibroGen and exclusively licensed…

Moderated by the Chair of AIPPI’s Biotech Committee, Dr Juergen Meier, this pharma panel session aimed to compare and contrast the protection available to proprietors of antibody patents across a number of important jurisdictions: the US, Canada, Europe, China and Japan. Echoing a point made by Sir Robin Jacob in his address at the Opening…