Litigation

(Indirect) infringement, Case Law, Equivalents, evidence, Kluwer Patent Cases, Legislation, Litigation, Patents, Pharma, Pharmaceutical patent, Prior art, Procedure, Scope of protection, Sufficiency of disclosure, United Kingdom, Validity

(Bristows)/ /1 Comment

On 20 January 2021 Birss J handed down what may be his last first instance decision before he takes his place in the Court of Appeal.  If that turns out to the case then Illumina Cambridge Limited v Latvia MGI Tech SIA and others is a substantial judgment to mark this departure.  In this case…

Case Law, evidence, Exceptions to patentability, France, Litigation, Novelty, Patents, Validity

(Dhenne Avocats)/

After having us recently hummed the Beatles’ Ob-La-Di Ob-La-Da song with the TRUVADA case (see here), French case law is now flirting with New York gangs with a decision about a “Kit Crack” (not to be confused with the “Kit Kat”), reminding us the Notorious Big’s Ten Crack Commandments rap (listen here). In short: a new opportunity for…

(Compulsory) license, (Cross-border) jurisdiction, AI, Brexit, Case Law, CJEU, Covid-19, EPC, EPO, EPO Decision, European Union, FRAND, Infringement, Legislation, Litigation, ownership, Patents, SEP

(Dhenne Avocats)/ /4 Comments

The Odyssey, which became synonymous for an eventful journey, originally refers to the perilous return of Odysseus to his homeland of Ithaca after the Trojan War. After the year 2020, marked by the COVID-19 pandemic, 2021 also announces numerous challenges for the world, and patentees will undoubtedly have their lot. Without trying to take the…

Equivalents, Infringement, Litigation, Netherlands, Patents

(Brinkhof)/ /3 Comments

Yesterday, the Dutch prime minister announced the Netherlands will be ‘locked down’ until mid-January. At the same time the author of this blog, part of a six member audience due to COVID restrictions, paid his last visit to the movies for many weeks to come. On the screen Tenet, a mishmash of Sci-Fi wannabe and…

FRAND, Injunction, Litigation

(Dhenne Avocats)/

In the second half of the year 2019, FRAND litigation was marked by several rejections of anti-suit injunctions when invoked.  Quickly we talked about “anti anti-suit injunctions” or “AASIs”. Although these AASIs are sometimes criticized, it seems that arguments in its favor should, most of the time, prevail. Anti-suit injunctions in FRAND litigation The practice…

Enforcement, evidence, Inventive step, Litigation, Novelty, Patents, Pharma, Pharmaceutical patent, Plausibility, Prior art, Revocation, Second Medical Use, Sufficiency of disclosure, United Kingdom, Validity

, (Bristows)/

On 4 December 2020, the English Patents Court handed down its decision in Neurim Pharmaceuticals (1991) Limited & Flynn Pharma Limited v Generics UK Limited (t/a Mylan) & Mylan UK Healthcare Limited, the main action proceedings regarding Neurim’s patent for Circadin™, EP 1 441 702 (“EP 702”).  The judgment is available here. Many readers will…

France, FRAND, Litigation

(Dhenne Avocats)/ /1 Comment

2019 and 2020 were years marked by the development of international competition among jurisdictions for FRAND rate-setting. Although the voices of French Judges were still little heard in the midst of this global cacophony, recent decisions of the Paris High Court confirm that France is becoming a serious option for patentees to consider. Lockdown or…

(Cross-border) jurisdiction, (Indirect) infringement, Enforcement, Infringement, Injunction, Litigation, Netherlands, Procedure, SPC

(Brinkhof)/ /1 Comment

In his (or her) younger years at school, a once to be Dutch patent litigator was learned that the Netherlands share a borders with Germany and Belgium. On the geography maps, they seemed to be set in stone. History class already provided a different perspective: now friendly neighbours would once surprise each other with unannounced…

Amendments, Equivalents, Extent of Protection, Infringement, Litigation, Novelty, Patents, Pharma, Pharmaceutical patent, Prior art, Revocation, United Kingdom, Validity

(Bristows)/

On 15 October 2020 Meade J. handed down his first ever written judgment in his new role as a Judge of the High Court in MSD v Wyeth. The neutral citation for the case is [2020] EWHC 2636 (Pat) and a link to the judgment is found here. The Judge had heard the case back…