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The Court of Appeal dismissed Synthon’s appeal against the Patent Court’s finding that the patent in suit did involve an inventive step over the prior art, and Teva’s appeal against the Court’s finding that certain claims of the patent were invalid for added matter. Case date: 21 March 2017 Case number: [2017] EWCA Civ 148…
by Hetti Hilge In its latest FRAND judgment the Düsseldorf appeal court confirmed that in the context of FRAND evaluation the emphasis shall be – in contrast to English practice – on the ND (‘non-discriminatory’) prong of FRAND. The decision was rendered on 22 March 2019 in the appeal proceedings between Unwired Planet and Huawei…
The Court held that the CJEU decision in the Bericarp case, where it was decided that for invalidity procedures no reimbursement of full litigation costs applies, did apply to invalidity proceedings if these did not contain an enforcement procedure. Case number: 26 March 2019 Case date: 200.230.424/01C/09/509050 / HA ZA 16-435 Court: Court of Appeal of…
Three years after the last recruitment campaign for legally and technically qualified judges of the Unified Patent Court, the UPC Preparatory Committee has launched a new round of recruitment for UPC judges. An announcement was published on the website of the Preparatory Committee (Prep Com) earlier today. Kluwer IP Law understands the Preparatory Committee had…
On April 11, the National Assembly definitively adopted the PACTE bill[1]. In its section entitled “Protecting inventions and freeing up the experimentation of our companies”, the bill contains several patent provisions aimed, according to the text, at “promoting innovation and facilitating the growth of SMEs“. The main innovations in the field of industrial property, as…
Russian law provides that information on state registration of drugs shall be publicly available. For a long period, MoH used to turn a blind eye to this obligation, keeping information on all filed applications confidential. Absence of this information used to pose additional risks for patent holders lacking information on the upcoming launches of generic…
The Paris offices of the future Unified Patent Court have been disclosed. The Paris location for the UPC was announced recently, and according to the French Patent & Trademark Attorneys Company CNCPI, the first visit of the offices was organized by the Justice Ministry last Monday. ‘Located at the Quai de la Mégisserie, these offices…
Since the U.S. Supreme Court last year in Oil States rejected a constitutional challenge to the Patent Trial & Appeal Board’s authority to invalidate patents in post-grant reviews, patent owners in the United States have started exploring other constitutional challenges to these PTAB proceedings. Some patent owners have said that the PTAB violated their due…
One of the deepest insights in moral philosophy is provided by Erich Kästner’s short rhyme „Es gibt nichts Gutes. Außer man tut es.“ (There’s nothing good. Unless you do it.), which became one of the most cited proverbs in German. Mind Kästner’s original punctuation. In the first sentence, he expressed fundamental skepticism that there is…
44 U.S. states filed a lawsuit last Friday accusing Teva Pharmaceuticals USA of conspiring illegally with 19 other drug companies to inflate drug prices – sometimes by more than 1,000 percent – and stifle competition for generic drugs. As is set out in the complaint, ‘the Plaintiff States allege that Defendant Teva consistently and systematically,…
