Plausibility

Australia, Case Law, Litigation, Patents, Pharma, Pharmaceutical patent, Plausibility, Sufficiency of disclosure, Validity

, (Clayton Utz)/

Two recent decisions in the UK and Australia in the long-running pregabalin litigations demonstrate the different approaches in these jurisdictions to determine if a patent specification has sufficiently disclosed an invention.  Readers will recall that the judgments concerned Warner-Lambert’s Swiss-style claims for the use of the compound pregabalin (marketed as Lyrica) in the treatment of…

AI, EPC, EPO, Plausibility

(GJE Intellectual Property)/ /2 Comments

The European Patent Office (EPO) is receiving ever increasing numbers of patent applications that include a ‘programmed computer’ as a key part of the described invention.  Moreover, this growth in filings is being seen in technical fields that are not traditionally considered to be computer-centric.  For example, according to EPO statistics, 40% of new patent…

Case Law, Infringement, Netherlands, Plausibility, Trade secrets

(Hoffmann Eitle)/

The Court confirmed that a District court, not specialised in patent matters, does have relative jurisdiction to decide a motion to produce exhibits for determining patent infringement. In order to positively decide a motion to produce exhibits, (threat of) infringement should be made plausible, but the threshold for plausibility is relatively low. Further, technical details…

(Indirect) infringement, Case Law, Infringement, Litigation, Patents, Pharmaceutical patent, Plausibility, Sufficiency of disclosure, United Kingdom

, , , (Bristows)/

Today, after nine months of waiting, the decision of the UK Supreme Court in the pregabalin litigation was handed down. Like Brexit and the nation, it is clear that the Supreme Court Judges were divided on several crucial issues. In this post, we will not attempt to give a detailed analysis of the decision but…