Brian Cordery, Author at Kluwer Patent Blog

Inventive step, Kluwer Patent Cases, Litigation, Patents, Prior art, Public prior use, Revocation, United Kingdom, Validity

Aerospace to garden hoses: differing opinions in the English Court of Appeal as to obviousness over obscure prior art.

Brian Cordery, Rachel Mumby, Alex Calver (Bristows)/July 21, 2020July 21, 2020 /16 Comments

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…

EPO, Infringement, Injunction, Patents, Pharma, Pharmaceutical patent, Second Medical Use, United Kingdom

A wake-up call for patentees?

Brian Cordery, Rachel Mumby (Bristows)/June 10, 2020June 10, 2020 /1 Comment

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…

Patents

FibroGen v Akebia: Arnold LJ back in the Patents Court

Brian Cordery (Bristows)/April 29, 2020April 29, 2020 /1 Comment

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…

Patents

IPCom v Vodafone: The Excuse? Crown Use!

Brian Cordery (Bristows)/February 7, 2020February 7, 2020 /1 Comment

by Ben Millson IPCom’s latest foray into standard essential patent litigation has reached a surprising outcome at first instance; its patent was held valid, essential and infringed in amended form by Recorder Douglas Campbell QC, sitting as a judge of the Patents Court, in a judgment dated 28 January 2020. However, Vodafone succeeded in relying…

Patents

Obstruction Ahead! The IPEC decision in Adolf Nissen Elektrobau v Horizont Group

Brian Cordery (Bristows)/January 17, 2020January 17, 2020

by Sarah McFarlane As an early Christmas gift, on 18 December 2019, His Honour Judge Hacon handed down a judgment in the matter of Adolf Nissen Elektrobau v Horizont Group. This case concerned the field of electric road traffic signs. Horizont’s UK patent (the ‘Patent’) claimed a board to be mounted on to vehicles which…

Conference, Patents, SPC

AIPPI Congress 2019 Panel Session 5 – Brexit and IP: An Update

Brian Cordery (Bristows)/September 20, 2019September 20, 2019

By Sarah Blair This panel session provided an update on the current state of play of Brexit and its impact on intellectual property law. The panel’s moderator, Daniel Cheng Yong Lim (Kirkland & Ellis), opened the session by providing a brief introduction to the current situation: the UK is currently set to leave the EU…

Antibodies, Conference, Patents

AIPPI Congress 2019 Pharma Session 4: Antibodies

Brian Cordery (Bristows)/September 17, 2019September 17, 2019

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…

Case Law, Injunction

Has the leopard changed its spots? Hold your horses.

Brian Cordery (Bristows)/May 28, 2019June 3, 2019

A judgment from Henry Carr J refusing an interim injunction to Abbott against Edwards Lifesciences was released to the public on 24 May 2019. The application related to Edwards’ PASCAL medical device to treat mitral regurgitation in the heart. PASCAL is implanted in the mitral valve via a catheter by a procedure known as TMVr….

Injunction, Patents, Pharma, Pharmaceutical patent, United Kingdom

The Price You Pay

Brian Cordery (Bristows)/April 18, 2019April 18, 2019

The run up to the Easter vacation is always a busy time in the English Patents Court as litigants seek have applications determined to set the direction of travel for the next period of the case and Judges, understandably, try and clear their desks before the break. 2019 was no exception to this rule and…

Enforcement, Infringement, Injunction, Patents, SEP, United Kingdom

TQ Delta Injunction

Brian Cordery (Bristows)/April 5, 2019April 5, 2019

by Elizabeth McAuliffe At a Form of Order hearing on 18 March 2019, Henry Carr J gave a high level ex tempore decision in TQ Delta LLC v ZyXEL Communications Limited et al to grant an injunction, with immediate effect. The approved judgment was published on 28 March 2019 ([2019] EWHC 745 (Pat)). This decision…