On 10 October 2018 the Court of Appeal handed down its judgment in the matter of Icescape Limited v Ice-World International BV & Ors*. Three discrete issues were considered by the Court and, although the decision of the Lord Justices of Appeal ultimately did not change the effect of the first instance judgment, the opinions…
On 1 July 2018, António Campinos became president of the European Patent Office, as successor of Benoit Battistelli, whose authoritarian leadership and conflicts with staff members and union leaders led to years of deep social unrest at the EPO. Hundred days after the leadership change, there is cautious optimism Campinos is committed to improving the…
Since the Eli Lilly v. Canada award of 2017, the relevance of international investment law for patents has been known to a wider public. In response to the revocation of two Canadian patents concerning the compounds olanzapine and atomoxetine by Canadian courts, the US pharmaceutical company Eli Lilly initiated arbitral proceedings against Canada on the…
…great forces are up against each other and a dispute arises. Fortunately, it is not a war of biblical dimensions, but only a lawsuit, a significant and legally interesting one though, about an Supplementary Protection Certificate. The parties were Teva (Hebrew word for nature) and Gilead (aka Hill of Testimony, a mountainous region east of…
Effectiveness, international cooperation and staff relations are three main areas on which Antonio Campinos intends to focus as new president of the European Patent Office. Campinos, who started in office on 1 July 2018, wrote this in a message which was published today on the EPO website. According to Campinos, it is ‘an immense honour…
In the last week of his term as president of the European Patent Office and a day before the official opening of the new EPO building in The Netherlands, president Benoit Battistelli lost three high-profile cases at the Administrative Tribunal of the International Labour Organisation (ILOAT). The tribunal said Battistelli’s decisions to dismiss SUEPO leaders…
Three weeks before the end of the presidency of Benoit Battistelli, the European Patent Office published the report ‘Modernising the EPO for excellence and sustainability’, a ‘summary of achievements resulting from the extensive modernisation reforms put in place’ during Battistelli’s term in office from 2010 to 2018. Concerns about quality, the independence of the Boards…
Background The story about Patrick Corcoran has been covered several times on this blog, e.g. here, here and here and other blogs, e.g. here and here. There is even a Wikipedia site about it. In a nutshell, the story is about a (previous) EPO Board of Appeal member who was suspended and banned from access…
Suppose you are a (patent) attorney in a pharmaceutical company and want to advise your company how to best protect the results of a clinical trial designed to find out the best possible treatment regimen of a certain known and approved drug X. The researchers of your company have devised and been allowed to conduct…
This is the last post of my series on the EPO’s vision and the current reality, this time dealing with the issue of EPO and “trust”, including trust-building measures such as transparency, fairness and respect. Let’s begin by recalling the yardstick by which the EPO wants to be measured, its “vision”: Our vision – what…
