Combination products (containing two or more active ingredients) raise difficult questions with respect to supplementary protection certificates (SPCs). Can a SPC be based on the market authorisation (MA) of a combination product, if the patent only covers one active ingredient? On 13 July 2011, the Advocate General at the CJEU delivered her Opinion on the…
In the recent case of Cephalon v Orchid [2011] EWHC 1591, the UK Court held that three patents relating to the drug modafinil, used to treat sleep disorders such as narcolepsy, were not infringed and were invalid for obviousness. Previously in this case the court had refused to grant an interim injunction despite the failure…
On 20 June 2011, Floyd J. granted a temporary restraining order preventing restraining Teva UK Limited (and two distribution companies, “Phoenix” and “AAH”) from advertising, offering for sale, selling or supplying its generic atorvastatin pending full hearing of the Warner-Lambert’s application for an interim injunction, listed for 11 July 2011. Warner-Lambert (a subsidiary of Pfizer…
The Hargreaves Review, or to refer to it by its official title, “A Review of Intellectual Property and Growth” by Professor Ian Hargreaves, was commissioned by the UK coalition government in 2010 to report on various issues pertaining to intellectual property with a particular focus on copyright, particularly in the online environment, as well as…
Imagine: Wouldn’t it be fantastic to have one single patent which you could apply for at the WPO, the World Patent Office? A World Patent, which would be valid worldwide and which could be enforced in each single country of the world with worldwide effect? Decisions of the national local chambers of the World Patent…
The Court of Appeal overturned a decision of the High Court and held that the act of replacing Shutz’s bottles in Shutz’s outer protective cages with Werit’s bottles constituted ’ making’ products protected by Shutz’s patent, which encompassed both the bottle and the cage. Click here for the full text of this case. A full summary…
In the recent case of Merck v Teva (decision of 8 April [2011] EWCA Civ 382), the English Court of Appeal confirmed that when considering the question of inventive step in light of prior art, it did not matter that the prior art was published only a few days before the priority date of a…
As previously discussed, the English Court of Appeal has clearly stated its support for judicial collaboration facilitating de facto harmonisation of patent law in Europe (Grimme Landmaschinenfabrik GmbH v Scott [2010] EWCA Civ 1110). However, in a recent decision in the English Patents Court (Lundbeck v Norpharma and Infosint [2011] EWHC 907), Floyd J. expressed…
In a judgment dated 17 March 2011 reported at [2011] EWHC 583 (Pat), the English High Court has upheld certain claims of two patents (deriving from the same ultimate parent application) for the formulation of Ethinylestradiol (“EE”) and Drospirenone (“DSP”) used in contraception. The patents in issue belonged to Bayer Schering Pharma AG. The Hungarian…
The Court of Appeal allowed Virgin’s appeal and overturned the decision of the High Court which had granted Delta’s application for summary judgment on the basis that it was wrong to say Virgin had no real prospect of establishing infringement of its patent. Click here for the full text of this case. A full summary of…
