Actions which impinge upon the monopoly granted by an Intellectual Property right are considered infringements.
On 8 October 2021, His Honour Judge Hacon (sitting as a Judge of the High Court) handed down his decision in an action brought by Royalty Pharma Collection Trust (“Royalty Pharma”) for approximately €23 million in royalty payments from Boehringer Ingelheim GmbH (“Boehringer”) (Royalty Pharma Collection Trust v Boehringer Ingelheim GmbH [2021] EWHC 2692 (Pat))….
The Wako federal district court abused its discretion in fining that The Western District of Texas was a more convenient form that the Northern District of California. The federal district court in Waco, Texas abused its discretion in denying Juniper Networks’ motion to transfer six patent infringement actions filed by a Texas-based patent assertion entity…
Submission of an abbreviated Biologics License Application (“aBLA”), under the Biosimilar Price Competition and Innovation Act of 2009 (“BPCIA”), for a biosimilar version of an already-approved biologic drug constitutes an “artificial act of infringement” for which the biologic’s patent owner may file suit.[1] In the recent AbbVie Inc. v. Alvotech hf.[2] decision, the district court…
The Hatch-Waxman Act allows the FDA to permit a generic version of a branded product, which is partially patent protected, to come to market if the generic manufacturer “carves out” the patent-protected indication from its label. The scope of protection from a finding of induced infringement afforded to generic manufacturers by this “skinny label” provision…
In Omni MedSci, Inc. v. Apple Inc., ___ F.4th ___, Nos. 2020-1715, -1716 (Fed. Cir. Aug. 2, 2021), the U.S. Court of Appeals for the Federal Circuit held that the University of Michigan’s technology transfer bylaws did not constitute an automatic assignment of a professor’s patent rights. This decision has important implications for the drafting…
In this decision of the Patents Court, Meade J dismissed an infringement claim brought by Promptu against Sky, on grounds that Promptu’s patent lacked inventive step. The decision is interesting as it grapples with issues of infringement where some steps of a claimed method are performed outside the UK. The decision also provides helpful guidance…
As many readers will already know, two new full-time Patents Judges have been appointed to the English Court in the last 9 months – Meade and Mellor JJ. Despite the challenges that the global pandemic has brought, the English Patents Court has coped remarkably well and there has been no let-up in the progress of…
In the past few years, India has produced significant case law on Standard Essential Patents (‘SEPs’), with the High Court of Delhi being the venue of several high-profile disputes. An important SEP decision in India – InterDigital v Xiaomi – was released by this court in early May 2021. The case relates to litigation occurring…
As any aficionado of American legal history will be well aware, Judge Holmes, the third most cited American legal scholar of the 20th century, was nicknamed “the Great Dissenter.” This was a tribute to the 55 dissenting opinions that he wrote during his 29 years serving at the U.S. Supreme Court. Interestingly, over the years…
Case law on contributory infringement is still very scarce in Spain. A Judgment dated 13 November 2020 offers a rare glimpse into the current stance of the influential Barcelona Court of Appeals (Section 15) on contributory infringement. Two points are worth noting: on the one hand, the Court sides with a specific interpretation of “staple…
