Certain patent attorneys (patent attorney litigators) have the right to conduct intellectual property litigation in England and Wales, being “any matter relating to the protection of any invention, design, technical information, or trade mark, or similar rights, or as to any matter involving passing off or any matter ancillary thereto” (from the Higher Court Regulations…
The District Court of The Hague passed judgment today in a case between Sandoz and Glaxo regarding a combination patent held by Glaxo. The judgment comprises an extensive “lecture” on the assessment of inventive step and may become a benchmark for future cases.
At the end of last year, the English Patents Court referred yet another case to the Court of Justice of the European Union (“CJEU”) on the scope of the SPC Regulation in University of Queensland and CSL (C-630/10), making it the fifth English referral in 2010 regarding the interpretation of Articles 3(a) and 3(b) of…
Do we need a Community Patent? Do we need a European Patent Litigation System? Or does the current fragmented system have a hidden wisdom behind it? Judge for yourself!
The case concerned the question of whether the sale of an incomplete kit of parts to a customer outside of the UK could constitute infringement of a patent for the assembled device for the purposes of section 60(1)(a) of the Patents Act 1977 (based on Article 25 CPC). The judge (Arnold J) also provided some…
The case concerned the question of whether the sale of an incomplete kit of parts to a customer outside of the UK could constitute infringement of a patent for the assembled device for the purposes of section 60(1)(a) of the Patents Act 1977 (based on Article 25 CPC). The judge (Arnold J) also provided some…
The UK has long been considered a favourable jurisdiction for pharmaceutical patent holders to seek an interim or preliminary injunction. In particular, from 2001 the English Courts have imposed an obligation for generics companies to “clear the way” (i.e. obtain a declaration of non-infringement or start invalidity proceedings in respect of any relevant patents they…
The Court of Appeal allowed Grimme’s appeal, holding that Grimme’s patent for an agricultural machine for harvesting and separating potatoes (from other materials such as earth, clods, stones, weeds or the like) featuring rubber rollers, was inventive. Of particular interest was the Court of Appeal’s clarification of the law of contributory infringement (s.60(2) Patents Act…
As previously reported, the Patents County Court was re-launched on 1 October 2010 under the auspices of His Honour Judge Birss QC. The issue of transferring proceedings between the Patents Court of the High Court and Patents County Court was the subject of numerous disputes before the Patents County Court before it was re-launched and…
The Court of Appeal upheld the High Court’s finding that Novartis’ patent for ophthalmically compatible extended wear contact lenses was invalid for insufficiency. The Court of Appeal held that the patent does not teach which materials described in the specification are suitable for extended wear lenses, nor does the patent enable the skilled person to…
