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On 19 July 2024, the Court of Appeal handed down its judgment in Comptroller – General of Patents, Designs and Trade Marks v Emotional Perception AI Limited [2024] EWCA Civ 825 following a hearing on 14-15 May 2024. The Court of Appeal judgment overturns the first instance decision of the High Court and upholds the…
A recent decision from Joanna Smith J dealing with the costs of a withdrawn application in a case before the English Patents Court contains an important postscript and suggests that the rules in the Patents Court Guide regarding the lodging and filing of skeleton arguments need to be revisited. All English patent litigators, and many…
On 15 July 2024, the High Court of England and Wales handed down its decision ([2024] EWHC 1815 (Ch)) in the jurisdiction challenge in Telsa’s case against InterDigital and Avanci which considers a request for declaratory relief in relation to the FRAND terms for a patent pool licence that includes SEPs owned by multiple proprietors. …
This morning, the Barcelona Appeal Court has announced a judgment of 18 July 2024, reversing the judgment of 15 January 2024 from Commercial Court number 4 of Barcelona, which had found patent EP 1,427,415 (“EP ‘415”), protecting apixaban, to be invalid. The main highlights of the decision may be summarized as follows: The first interesting…
This post is continuation to the previous one published on October 27, 2023 and available here. Although the approach may still be reconsidered by the Presidium of the Russian Supreme Court, the current update should already be taken into account while developing the patenting strategy in the jurisdiction. Background There are two pending court cases…
Moderna secured a double victory in the Patents Court last week (2 July 2024) in proceedings against Pfizer and BioNTech. In the first decision, Meade J found its modified mRNA patent to be valid and infringed by Pfizer and BioNTech’s “Comirnaty” vaccine. In the second decision, Richards J rejected Pfizer and BioNTech’s defence based on…
In his Abbott v Dexcom ([2024] EWHC 1664 (Pat)) judgment, published on 28 June 2024, Mr Justice Mellor was faced with the rather unenviable task of determining the approach of the Skilled Team when “due to their differing experiences and expertise” it was unclear if any of the experts were in a position to comment…
On May 30, 2024, the JPO announced that the request for a decision of granting a compulsory non-exclusive license based on public interest under Article 93 of the Patent Act, which was filed by Vision Care and VC Cell Therapy (the “Claimants”) on July 13, 2021, was withdrawn upon settlement. It took more than two…
Following months of speculation, EPO Board of Appeal 3.2.01 yesterday issued decision T 439/22 referring questions to the Enlarged Board of Appeal on the extent to which the description and drawings should be used in claim interpretation. The claim feature at issue was: “in which the aerosol-forming substrate comprises a gathered sheet”. The key…
Prepared by Rob Rodrigues, Brenno Telles and Dara Offrede On Friday June 21, 2024, the government formally introduced regulations addressing the new framework for Partnerships for Productive Development (PDP). The Ministry of Health published new guidelines (Ordinance #4,472/20241) as part of the government policy to foster the “National Strategy for the Development of the Economic-Industrial…
