United Kingdom

Australia, Case Law, Pharma, Revocation, Second Medical Use, Sufficiency of disclosure, United Kingdom, Validity

, , (Clayton Utz)/

On 21 October 2016, the Federal Court of Australia handed down its judgment in the case of Apotex Pty Ltd v Warner-Lambert Company LLC (No 2) [2016] FCA 1238 (FCA Judgment).  Justice John Nicholas found in favour of Warner-Lambert, both upholding the validity of its patent claims and granting final injunctions restraining infringement by Apotex….

Brexit, Case Law, United Kingdom

(City, University of London)/

Introduction by Brian Cordery and Rik Lambers “As many readers will know, the English High Court ruled on a legal challenge as to whether the government could trigger Article 50 of the Lisbon Treaty without parliamentary approval. The post below by Maria Kendrick explains that the Judges ruled broadly that parliament is supreme in UK constitutional…

Case Law, Inventive step, Priority right, Revocation, Sufficiency of disclosure, United Kingdom, Validity

(Bristows)/ /2 Comments

by Steven Willis Yesterday, the Court of Appeal handed down its decision in Idenix v Gilead [2016] EWCA Civ 1089, a dispute involving SOVALDI® (sofosbuvir), which is sold by Gilead as a treatment for chronic hepatitis C infection in adults. At first instance, Arnold J held (in an epic 621 paragraph judgment) that Idenix’s Patent…

Brexit, Countries, EPC, EPO, NPE, United Kingdom, United States of America

(Hoffmann Eitle)/ /6 Comments

1. History One of the most precious achievements that Europe inherited from England is the so-called Rule of Law, dating back from the days of James I who ruled the union of the Scottish and English crowns from 1603 until his death in 1625. The key parts of this model is that laws are made…

Brexit, European Union, Unitary Patent, United Kingdom, UPC

/ /1 Comment

The decision today of the UK High Court that the government cannot trigger Article 50 of the Lisbon Treaty and begin formal exit negotiations with the EU without approval of Parliament, is a setback for the UK prime minister Theresa May and increases the uncertainty regarding the Unitary Patent system. May had argued the government…

United Kingdom

(Bristows)/

The Patents Court (Birss J) held that medac’s patent EP (UK) 2 046 332 relating to the use of a formulation of methotrexate at a concentration of about 50 mg/ml for the treatment of individuals with inflammatory autoimmune diseases such as rheumatoid arthritis (RA) by subcutaneous injection, was obvious over one of the prior art…

Brexit, European Union, Italy, Unitary Patent, United Kingdom, UPC

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The recruitment procedure for judges of the Unified Patent Court has been suspended until more is known about the consequences of the UK’s Brexit vote for the Unitary Patent system. Earlier this week, the UPC Preparatory Committee announced the first round of selection of candidates has continued despite the Brexit vote, but ‘the commencement of…

(Indirect) infringement, Pharma, Procedure, Revocation, Second Medical Use, Sufficiency of disclosure, United Kingdom, Validity

, , (Bristows)/

Media attention at the English High Court today may have been focussed on the Article 50 challenge but for many patent lawyers operating in the life sciences sector, of equal or greater importance was the handing down of the long-awaited judgment in the Lyrica appeal. To recap briefly, Pfizer was the owner of a patent…

Brexit, European Union, Unitary Patent, United Kingdom, UPC

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The Preparatory Committee for the Unified Patent Court will publish a revised time plan for setting up the UPC and Unitary Patent system ‘in due course’. The Committee announced this after its 18th meeting, Monday 10 October 2016 in Paris, where it ‘took the opportunity to discuss the road ahead given the uncertainty that has…