by Steven Willis Yesterday, the Patents Court handed down yet another decision in the Sisyphean pregablin litigation, this time refusing Sandoz’ application to vary the Order for Injunction which resulted from Arnold J’s October 2015 decision (“Sandoz I”) to injunct Sandoz following its launch of a full label pregabalin product (“Pregabalin Sandoz”). As is typically…
The UK signed the Protocol on Privileges and Immunities of the Unified Patent Court on 14 December 2016 in Brussels. It is an important step in the process that should lead to UK ratification of the Unified Patent Court Agreement. The UK still needs to pass national legislation, a so-called statutory instrument (SI), to enact…
by Chloe Dickson On 30 November 2016 the Court of Appeal handed down judgment in the latest chapter of the Hospira v Genentech epic surrounding Genentech’s blockbuster drug trastuzumab (Herceptin®) (Hospira v Genentech [2016] EWCA Civ 1185). This instalment concerned a patent for use of the antibody trastuzumab in combination with a traditional chemotherapeutic agent,…
Depending on the outcome of the UK Government’s appeal to the Supreme Court on the issue of whether Parliament has to be consulted about the decision to give notice under Article 50 to leave the EU, the procedure which must lead to ratification of the Unified Patent Court Agreement could be the first case since…
There is a lot of enthusiasm among German patent judges, in particular but not only the younger ones, for the Unitary Patent system and the Unified Patent Court, according to Dr. Klaus Grabinski, Judge of the Federal Court of Justice of Karlsruhe in Germany. In an interview with Kluwer IP Law he welcomed the news…
What will happen if the United Kingdom, after ratifying the Unified Patent Court Agreement (UPCA) and some years of membership of the Unified Patent (UP) system, leaves the European Union? Can it continue to be a member of the system? If it doesn’t, what will happen to Unitary Patents that up to the Brexit were…
The Preparatory Committee of the Unified Patent Court is delighted with the UK’s decision to ratify the UPC Agreement and will publish a revised roadmap for the start of the Unitary Patent system as soon as possible. Chairman Alexander Ramsay is a happy man, he told Kluwer IP Law. Monday’s announcement of Minister of State…
(UPDATED) Despite the Brexit vote and in a move which ends months of uncertainty about the future of the Unitary Patent system, the UK has announced it intends to ratify the Unified Patent Court Agreement. UK Minister of State for Intellectual Property, Baroness Neville Rolfe, made a statement on behalf of the UK government during…
The United Kingdom can remain a member state of the Unitary Patent (UP) system after Brexit and it will not have to accept the supremacy of EU law by separate agreement, according to Prof Dr Ansgar Ohly of the Ludwig-Maximilians-Universität of Munich. He explained this in a recent lecture at the European Patent Judges‘ Forum…
Will the UK participate in the Unitary Patent system despite the Brexit vote of 23 Juni 2016? It has been the most important question concerning the system for over five months, but probably not much longer. Various sources expect the UK to make an announcement about its plans with the UP and UPC during the…
