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On 27 January 2022, the Spanish Supreme Court handed down a very interesting judgment dealing with a dispute surrounding the ownership of a patent application that claims a system to produce domestic hot and cold water. Judgments dealing with patent ownership are very scarce in Spain. Hence the interest of this case, the background to…
In another chapter of the enforcement of Novartis’ patents concerning the second and further uses of everolimus for the treatment of several solid tumors (a first post can be viewed here), the Court of Milan has considered whether eliminating an indication claimed by a second medical use patent from the product label does or does…
In a recent decision, the appellate court upheld a ruling whereby the patentee had forfeited the opportunity to obtain a PI because it chose to file a main action first – even though the main action had been suspended pending EPO opposition proceedings. This decision could have farreaching consequences as it may entail that a…
The resolution addresses the question of when the limitation period starts to run when it comes to claims arising from a continuous (repeated) infringement of industrial property rights. The Supreme Court concluded that the limitation period for such claims should be calculated separately for and including each day of an infringement. This means that for calculating…
On 15 to 17 December 2021 a three-day trial took place to determine preliminary issues in a second action brought by Neurim against Mylan in relation to patents protecting the product Circadin (“Neurim v Mylan 2021”). Meade J’s judgment (Neurim Pharmaceutical (1991) Limited and Anor v Generics (UK) Limited t/a Viatris and Anor [2022] EWHC…
Executive version: Quite a few scholars have tried to decipher the hymn sheet shown on Elias Haussmann’s famous portrait of Johann Sebastian Bach. This blog tries to decipher the latest changes in the EPO Management just announced by the President. On a peaceful, sunny morning as we had it today I sometimes indulge in the…
A French government press release dated January 20, 2022, announces the creation of a harmonized intellectual property framework with the entry into force of the Unified Patent Court following the ratification of the international agreement concerning it. But what does it means exactly for us? Regular readers of this blog are aware of my…
In two recent decisions the District Court of The Hague assumed cross-border jurisdiction in FRAND / Standard Essential Patent (‘SEP’) proceedings. In a first case the Court assumed jurisdiction on claims related to the FRANDness of a SEPs (patent pool) license. In a second case the Court assumed jurisdiction on an anti-anti-suit injunction (‘AASI’) claim…
The recruitment of judges for the Unified Patent Court will start soon, now that the Preparatory Phase preceding the opening of the Unified Patent Court has officially begun. According to the UPC Preparatory Committee the preparatory phase will last at least eight months. The UPC Preparatory Committee stated on its website: “Austria was the first…
Recently, the UK Intellectual Property Office (UKIPO) has launched a call for views in order to better understand how effective the current Standard Essential Patents (SEPs) framework is in encouraging creativity, innovation, and promoting competition. Ultimately, the call aims to determine whether legislative changes are required. An interesting aspect of this call is that an…
