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On 24 June 2016, the Full Federal Court of Australia upheld an appeal from a first instance decision which gave a broad construction to an omnibus claim in the case of GlaxoSmithKline Australia Pty Ltd v Reckitt Benckiser Healthcare (UK) Ltd [2016] FCAFC 90. Reckitt’s claim against GSK included allegations of infringement of various claims (including…
Can the Unitary Patent system still enter into force? Is it attractive without the UK or will companies rather stick with the established patent system as in force right now? According to Dr. Axel Walz, co-founder of the IP Dispute Resolution Forum (IPDR) in Munich, these topics have been discussed a lot among German colleagues…
President Benoit Battistelli of the European Patent Office hopes the United Kingdom will stay in the Unitary Patent system despite the Brexit vote of 23 June 2016. He has written this in a blogpost on the EPO website. Battistelli stresses ‘it is entirely up to the UK authorities to determine whether they want to participate…
Today, the 4th annual conference of Premier Cercle regarding the Unitary Patent and the Unified Patent Court took place in Munich. It will be no surprise that the outcome of the UK referendum was the “elephant in the room” during the conference. Nevertheless, everybody in the room agreed that the UK political situation may and…
Despite the UK’s Brexit vote, the preparations for the Unitary Patent and the Unified Patent Court will go on as planned. The UPC Preparatory Committee and the EPO Select Committee have declared this in a joint statement, issued on 1 July 2016. According to the statement, ‘last week’s vote in the United Kingdom in favour…
On June 17, 2016, the Danish Maritime and Commercial Court rendered judgement in a patent case between AstraZeneca and Teva and Accord regarding the validity of the DK part of EP 0 907 364. The patent-in-suit concerned a new formulation of the already known pharmaceutical substance quetiapine in a sustained release comprising the active substance…
Following the CJEU judgment Huawei vs ZTE (Case C-170/13) of 16 July 2015, the national courts continue refining the requirements for the assertion of standard-essential patents (SEPs). So far, the first instance courts in Germany (in particular in Duesseldorf, Mannheim and Munich) showed a tendency to apply the principles of the CJEU decision in a…
The Senate or ‘Eerste Kamer’ of the Parliament in the Netherlands approved the Unified Patent Agreement on 28 June 2016 without discussion. Two weeks ago, the Dutch Second Chamber, ‘Tweede Kamer’, had already ratified the UPCA. It isn’t clear when the Netherlands will complete the formal procedure by depositing its instrument of ratification with the General…
Last Friday Europe woke-up with the worst news since World War II, which could have far-reaching consequences not only for the economy, but also for the values that one would like to see prevailing in the world. It is sufficient to read the posts published by some of those who are celebrating Brexit to realize…
How to save the Unitary Patent project? As soon as the outcome of the UK referendum on a Brexit was known, discussions started behind the scenes about ways to adapt the Unitary Patent system so the UK can stay in. According to Wouter Pors of Bird & Bird, a new scenario has come up to…
