On 21 May 2013, the Court of Appeal issued its rejection of Lilly’s appeal in relation to Actavis’ purported service of an application for a Declaration of Non Infringement (DNI) in respect of not only the UK designation of Lilly’s European Patent relating to a particular salt form of pemetrexed (“the Patent”), but also the…
In its decision of 22 April*, the UK High Court (Mr Justice Arnold) has dismissed Nestec’s** claims that Dualit has infringed EP (UK) 2 103 236 (“the patent”) by supplying its own branded “NX Café Caps” coffee capsules which are compatible with Nestec’s Nespresso coffee machines, thus paving the way for new entrants into the…
On 12 April 2013, Mr Justice Arnold gave judgment in the English High Court in Resolution Chemicals Limited v H Lundbeck A/S ([2013] EWHC 739 (Pat)). Resolution (a generic supplier company) sought revocation of Lundbeck’s SPC/GB02/049 (the “SPC”) for escitalopram, alleging invalidity of the basic patent EP (UK) 0 347 066 (“the 066 patent”). Although…
In our post on 30 October 2012 we referred to forthcoming appeals dealing with how the question of obviousness should be tackled by the English courts. The Court of Appeal has now given its verdict in several judgments. The latest decision in Regeneron v Genentech dealt not only with the question of obviousness but also…
As previously reported on this blog, the new Unified Patent Court (UPC) will bring the biggest change in the patent litigation landscape Europe has ever seen. It will soon be possible to obtain a single court decision effective across the whole of a market worth around €10 trillion. The UPC will have jurisdiction over not…
As has been well publicised, the end of 2012 was a time of considerable progress in the long history of the Unitary patent and Unified Patent Court (“UPC”) dossier, culminating in adoption of the Unitary Patent Regulation 1257/2012 and its accompanying Language Regulation 1260/2012. But what next? Built into the Unitary Patent Regulation is a…
Hearings in the UK’s highest Court concerning patents are rare. In fact, since the Supreme Court was established in place of the House of Lords in October 2009, there has only been one substantive decision namely the Eli Lilly v Human Genome Sciences case. Last week the Supreme Court heard its second patents case, Schütz…
Miquel Montana’s preliminary comments on the decision of the English High Court in Actavis v Eli Lilly [27th November 2012] provide interesting food for thought. Since some readers may not be familiar with the facts of the case and the relevant procedural rules in the UK, I will attempt to provide an overview before providing…
When the legislation creating supplementary protection certificates (now consolidated in Regulation 469/2009/EC (the “SPC Regulation”)) was first introduced in 1993 no-one could have foreseen the deluge of CJEU references on the interpretation of this “uniform solution” that was to follow. As recently as autumn 2011, one might have expected (or at least hoped) that the…
On 10 October 2012, the Court of Appeal handed down its judgment in the case of MedImmune v Novartis*. This was the first of what is expected to be a series of decisions from the Court of Appeal over the next few months which will address how the question of obviousness should be tackled by…
