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…
by Steven Willis and Olivia Henry On 28 March 2018, the Court of Appeal overturned Henry Carr J’s finding that two Regeneron patents (EP (UK) 1 360 287 and EP (UK) 2 264 163) were insufficient. The judgment is an important reminder of the importance of taking the nature of the invention into account when…
Wise readers will know that when it comes to matters of the heart, it is often best not to interfere. Indeed, the Court of Appeal in its recent judgment in Edwards Lifesciences v Boston Scientific [2018] EWCA Civ 673, decided not to interfere with HHJ Hacon’s judgment that of the two patents in suit relating…
Around this time last year, in Edwards Lifesciences v Boston Scientific [2017], His Honour Judge Hacon (sitting as a High Court Judge) had the opportunity to analyse two interesting aspects of UK patent law: (i) the law of implied disclosures and anticipation; and (ii) the importance of so-called secondary evidence in the evaluation of inventive…
A crucial period is ahead for the Unitary Patent (UP) system. In the UK, all legislative steps required to ratify the UPC Agreement have been completed and formal ratification could take place around Easter, if the government gives the go-ahead in the midst of the Brexit turmoil. In Germany, a decision is expected this year…
The draft Brexit Withdrawal Agreement between the EU and the UK, which was published by the European Commission on 28 February 2018, provides for continued protection in the UK of registered or granted IP rights. According to article 50 (1) of the draft agreement, the holder of a EU trade mark, design or plant variety right,…
