In a case concerning two divisional patents derived from the same parent application, relating to ‘transcatheter heart valves’ or THVs, the Court of Appeal upheld the High Court’s decision that one patent was invalid for lack of inventive step and the second patent was valid. The Court of Appeal also provided guidance on cross-examination of…
In a case concerning two divisional patents derived from the same parent application relating to ‘transcatheter heart valves’ or THVs, which can be introduced via a blood vessel, rather than through open heart surgery, the Court held one patent invalid for lack of inventive step, though had it been valid it would have been infringed….
The Supreme Court held that where judgment is given in an English court that a patent (English or European) is valid and infringed, and the patent is subsequently retrospectively revoked or amended (whether in England or at the EPO), the defendant is entitled to rely on the revocation or amendment on the enquiry as to…
After a decade-long hiatus, so-called Arrow declarations are now firmly back in fashion after the Court of Appeal’s judgment last year in Fujifilm Kyowa Kirin Biologics Co, Ltd v Abbvie Biotechnology Ltd & Anor [2017] EWCA Civ 1. To recap, what are now known as Arrow declarations originate from the decision in Arrow Generics Ltd…
Following its denial of Actavis’ claim for declarations of non-infringement in respect of Eli Lilly’s European Patent, the Court of Appeal ruled on a number of procedural matters arising from that judgment. These included the form of order for costs of the trial and the appeal; a reduction in an interim payment made by Lilly…
by Claire Phipps-Jones On 24 April 2018, Roger Wyand QC (sitting as a deputy judge in the High Court) held that a patent belonging to Freebit was invalid and not infringed by Bose’s flexible in-ear earpieces. The key points of interest in the decision concerned construction and the fact evidence relied on in relation to…
The Court of Appeal dismissed Boehringer Ingelheim’s application for permission to appeal the first instance Patents Court decision that EP (UK) 1,379,220 lacked inventive step. The Court of Appeal also considered and overturned the existing judicial guidance on granting permission to appeal in patent matters. Case date: 16 December 2016 Case number: A3 2016 0271 Court: Court of…
Whilst being wary of placing too much emphasis on statistics (the phrase “lies, damn lies and statistics” comes to mind), the authors have seen figures which suggest that the last ten years have consistently seen English patent litigation outcomes which are overall less favourable to the patentee than their opponents. That is until 2017, when…
At last the doubters have been proven wrong. The UK has ratified the UPC Agreement. The news was announced this afternoon by IP Minister, Sam Gyimah MP, at an IP Awareness Network event at the House of Commons Terrace to celebrate World IP Day, and we can expect to see this ratification recorded tomorrow…
Yesterday, 25 April 2018, AG Wathelet has handed down his opinion in the Teva v Gilead reference (Case C-121/17) suggesting that the question should be answered as follows: “The fact that a substance or combination of substances falls within the scope of protection of the basic patent is a necessary, but not sufficient, requirement for…
