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The Board incorrectly interpreted Section 311(b)’s “prior art consisting of patents or printed publications” to encompass applicant admitted prior art, but such art may be relevant as an admission. Concluding that the Patent Trial and Appeal Board incorrectly considered applicant admitted prior art (AAPA) in its review of a Qualcomm’s integrated circuit patent in a…
Following nullity advice from the Dutch Patent Office, the Dutch administrative body for license plate registration filed the present successful nullity suit against a private inventor in relation to a patent for vehicle license plates with a built-in RFID chip. This case demonstrates the disadvantages of the Dutch registration patent system which can allow the…
The Administrative Committee of the Unified Patent Court has been inaugurated. It will replace the UPC Preparatory Committee, which has so far been in charge of preparations for the new court. An Advisory Committee has been appointed as well, which will interview candidate judges, a process which is expected to start late March. The inaugural…
Even the best European Patent Attorneys may occasionally have to represent a client in an appeal case that turns out to be increasingly hopeless, or they are representing the patentee in examination appeal proceedings in a field where technology advances faster than the Boards of Appeal are able to deal with their cases. In such…
This post perhaps is a bit off topic since it concerns parallel imports and trademark rights. Nevertheless it could be interesting for the readers since it relates to the the pharma industry. Background It is well established EU case law that a parallel importer of medicinal products may only replace the original package if it…
On 27 January 2022, the Spanish Supreme Court handed down a very interesting judgment dealing with a dispute surrounding the ownership of a patent application that claims a system to produce domestic hot and cold water. Judgments dealing with patent ownership are very scarce in Spain. Hence the interest of this case, the background to…
In another chapter of the enforcement of Novartis’ patents concerning the second and further uses of everolimus for the treatment of several solid tumors (a first post can be viewed here), the Court of Milan has considered whether eliminating an indication claimed by a second medical use patent from the product label does or does…
In a recent decision, the appellate court upheld a ruling whereby the patentee had forfeited the opportunity to obtain a PI because it chose to file a main action first – even though the main action had been suspended pending EPO opposition proceedings. This decision could have farreaching consequences as it may entail that a…
The resolution addresses the question of when the limitation period starts to run when it comes to claims arising from a continuous (repeated) infringement of industrial property rights. The Supreme Court concluded that the limitation period for such claims should be calculated separately for and including each day of an infringement. This means that for calculating…
On 15 to 17 December 2021 a three-day trial took place to determine preliminary issues in a second action brought by Neurim against Mylan in relation to patents protecting the product Circadin (“Neurim v Mylan 2021”). Meade J’s judgment (Neurim Pharmaceutical (1991) Limited and Anor v Generics (UK) Limited t/a Viatris and Anor [2022] EWHC…
