United Kingdom

Austria, Belgium, Extent of Protection, France, Germany, Norway, Scope of protection, SPC, United Kingdom

(Véron & Associés)/

As already explained in a previous post, the company governed by the laws of Switzerland, Novartis AG, is the holder of patent EP 0 443 983 entitled “Acyl compounds”, whose subject-matter is a group of antihypertensive compounds, including valsartan, pharmaceutical preparations containing them and processes for the preparation of these compounds. This patent, filed on 12 February 1991, was to…

(Cross-border) jurisdiction, United Kingdom

(Bristows)/

The smartphone forum wars still show no sign of abating with another application for an expedited patent revocation action before the English Court (ZTE v Ericsson [2011] EWHC 2709 (Pat)), following closely on the heels of the HTC v Apple case that we reported on last month (judgment dated 19 September 2011; post dated 6…

(Indirect) infringement, Public prior use, United Kingdom, Validity

(Bristows)/

The English High Court has refused to grant summary judgment to LG Electronics in relation to validity of certain patents, holding that, due to the uncertainty of the legal issue concerning the confidentiality of the prior disclosure relied on, the matter was not relevant for summary judgment. LG Electronics (“LG”) sued Sony for infringement of…

United Kingdom

(Bristows)/

The smartphone wars appear to be continuing unabated in much of the developed world. In July 2011, Apple commenced infringement proceedings against HTC in Germany in respect of three patents (two in Munich and one in Mannheim). HTC responded in August 2011 by initiating proceedings in the English Patents Court seeking to revoke the corresponding…

Injunction, Procedure, United Kingdom

(Bristows)/

As previously report on this blog (29 June 2011), on 20 June 2011 Floyd J. granted an ex parte interim injunction, sometimes called a “temporary restraining order” preventing Teva UK Limited (and two distributors, “Phoneix” and “AAH”) from advertising, offering for sale, selling or supplying its generic atorvastatin product (sold by Pfizer under the brand…

Belgium, European Union, France, Germany, Injunction, Norway, Scope of protection, SPC, United Kingdom

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Combination products (containing two or more active ingredients) raise difficult questions with respect to supplementary protection certificates (SPCs). Can a SPC be based on the market authorisation (MA) of a combination product, if the patent only covers one active ingredient? On 13 July 2011, the Advocate General at the CJEU delivered her Opinion on the…

Injunction, United Kingdom

(Bristows)/

On 20 June 2011, Floyd J. granted a temporary restraining order preventing restraining Teva UK Limited (and two distribution companies, “Phoenix” and “AAH”) from advertising, offering for sale, selling or supplying its generic atorvastatin pending full hearing of the Warner-Lambert’s application for an interim injunction, listed for 11 July 2011. Warner-Lambert (a subsidiary of Pfizer…