Forget about Gangnam Style, it is overrated. Aya Nakamura Djadja is more than ever the dance-floor song of the moment (especially since her performance at the 2024 Olympics Game opening ceremony). Is Joost Luchtballon able to dethrone the French Queen? Same question for UPC: after the French and the Italian Styles, now we also have…

In an important decision rendered on 24 April 2024, the Commercial Chamber of the Cour de cassation (i.e., French Supreme Court) ruled that the assignment of a patent is not enforceable against third parties if it is not registered, but that the regularization of this situation during the infringement proceedings allows covering all acts of…

Is Germany no longer the Eldorado for preliminary injunctions (“PI”) applicants? Whatever the answer to this question, the UPC local division of the most famous German patent forum (i.e., Düsseldorf) has rejected Novartis and Genentech’s application for a PI against Celltrion relating to the anti-IgE antibody marketed under the name Xolair® (omalizumab), ruling that there…

While the patentability of further medical use claim defined by a dosage regimen used to be ruled out, the EPO’s Enlarged Board of Appeal has accepted them since decision G 2/08 in 2010. This patentability was also strongly debated before the French Courts, even after G 2/08, before being eventually recognized, although the interpretation of…

Reading the title of this paper, perhaps you will smile, thinking about all the discussions that this issue has already ignited, even before the UPC came into force. Since the beginning, most patentees in the pharmaceutical field were suspicious concerning the new jurisdiction, especially regarding the same old question: pro-patentee or not? Hostile/not hostile to…

This week we reported on the case between Huawei and Netgear, in which the defendant had obtained a production order for a comparable license granted by Huawei to Qualcomm, the production of which Netgear had obtained via a decision of the Munich local division on 24 April 2024. It is interesting to note that this…

On 16 July 2024, the Munich Central Division revoked a patent for the first time in the litigation between Sanofi, Regeneron, and Amgen (UPC_CFI_1/2023). This decision is important not only because it is the first of its kind, but also because it establishes UPC’s position on the patentability of therapeutic antibody inventions. In this case,…