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In these days and times, we are constantly reminded how important and how endangered seemingly simple concepts are such as truth, facts, science and trust. Hannah Arendt, the famous Jewish German-born American political philosopher, wrote about seventy years ago in her first major work “The Origins of Totalitarism” The ideal subject of totalitarian rule is…
The “Code on the Amendment of the Code of Civil Procedure and of Some Other Laws” entered into force in Turkey recently. This Code focusses on the principle of procedural economy and acceleration of the judicial process. One of the Code’s amendments important for patent law practice concerns the extension of the legal period in…
On 15 October 2020 Meade J. handed down his first ever written judgment in his new role as a Judge of the High Court in MSD v Wyeth. The neutral citation for the case is [2020] EWHC 2636 (Pat) and a link to the judgment is found here. The Judge had heard the case back…
By Dr Simon Klopschinski As reported previously on this blog, the German ratification process for the Agreement on a Unified Patent Court (UPC) has been started anew after the Federal Constitutional Court (BVerfG) had declared the previous ratification act void because it had not been approved by parliament with the required 2/3 majority. Now there…
St. Jude Medical failed to show that challenged claims of patent owned by Snyders had been anticipated by other patents, nor did it prove that a particular combination demonstrated obviousness. Claims of a patent directed to an artificial heart valve manufactured by Snyders Heart Valve LLC and a system for inserting the valve were not…
Joining the majority of European courts, the Paris Court of Justice ruled that Eli Lilly’s patent, which relates to the combined administration of pemetrexed disodium and vitamin B12, was infringed by the marketing of Fresenius’ pemetrexed diacid. It also awarded a record amount of damages of €28,000,000: a first in Europe. 1. The pemetrexed “saga”…
In Germany the re-ratification process of the Unified Patent Court Agreement – which is necessary after the Federal Constitutional Court (FCC) partially upheld a complaint last March and declared the first ratification procedure invalid – is progressing rapidly. The decisive reading in the Bundestag, which will make clear whether the UPCA gets support from the…
If an appeal against a decision of the opposition division to maintain the patent in amended form is filed by both patentee and opponent, but later one of the appeals is withdrawn, the principle of reformatio in peius is still applicable, even if more limiting auxiliary claim sets have been filed by the patentee. Case…
The use of a generally available tool (here: reverse sandwich assays) can involve an inventive step if the advantages pursued and provided by the invention do not materialize without further effort and if the skilled person would not have found (sufficient) motivation in the state of the art to consider that this tool was suitable…
Crucial months are ahead for the Unitary Patent project. In Germany the re-ratification process of the Unified Patent Court Agreement is progressing rapidly, but the threat of new constitutional complaints is looming. Two weeks ago, the Bundesrat approved the UPC ratification bill. Yesterday, in first reading, the Bundestag referred the bill to the parliamentary committees…
