This decision by the FCJ confirms that when both parties declare the lawsuit resolved, only the allocation of costs has to be decided upon by the court. This must be done according to the court’s equitable discretion, giving consideration to the parties’ previous arguments. On the facts, the FCJ came to the conclusion that it…
The Ukrainian Supreme Court in Merck Sharp & Dohme Corp v Aurobindo Pharma Limited has recently introduce a bold approach to applying interim injunctions in disputes between originators and generics over the registration of patented pharmaceuticals. MSD learned that Aurobindo had filed an application for registration of an allegedly infringing pharmaceutical with the State Expert…
The Swiss Patent Office issued a brief notice regarding a change of practice in the granting of supplementary protection certificates (SPCs) as well as corresponding detailed information on 22 October 2018. Following the Swiss Federal Supreme Court’s judgment 4A_576/2017 of 11 June 2018 relating to the SPC for Truvada, the requirement under Article 140b(1)(a) Swiss…
As previously reported, in 2017 the Danish Maritime and Commercial Court declined to grant an application filed by Gilead to grant an injunction against Accord offering the pharmaceutical a combination product consisting of Emtricitabine and Tenofovir Disoproxil (TD), holding that the granted SPC was invalid (Ground-breaking decision on Gilead’s Tenofovir SPC in Denmark). In a…
Practitioners dealing with supplementary protection certificates (SPCs) have been holding their breath at the unfolding of the “Truvada saga” around Gilead’s SPCs for the HIV medicament Truvada, which contains the active ingredients tenofovir disoproxil and emtricitabine. The lawsuits involving the Truvada SPCs in various European countries have already given rise to such noteworthy decisions as…
A company that claimed a competitor misappropriated its trade secrets involving invoicing and job productivity software could proceed on its Louisiana Uniform Trade Secrets Act (LUTSA) and some of its common law conversion claims, the U.S. Court of Appeals for the Fifth Circuit ruled, reversing in part the district court’s dismissal of the claims. The…
Substantial evidence did not support the Patent Trial and Appeal Board’s finding that patentee LiquidPower Specialty Products Inc. (“LSPI”) failed to establish nexus, and thus the PTAB erred in not weighing LSPI’s objective evidence of non-obviousness in its decision invalidating a patent related to polymers added to crude oil, the U.S. Court of Appeals for…
by Pat Treacy, Sophie Lawrance, Francion Brooks and Helena Connors Yesterday, the Court of Appeal handed down its highly anticipated appeal judgment in Unwired Planet v Huawei. The unanimous judgment dismissed Huawei’s appeal, confirming Mr Justice Birss’ first instance decision in relation to the FRAND licensing of standard-essential patents (“SEPs”). The Court of Appeal considered…
Supplementary protection certificates (SPCs) used to be granted in the European Union only for novel active ingredients, but not for new therapeutic applications of previously authorized active ingredients. While this practice fundamentally changed as a result of the CJEU’s landmark decision Neurim (C-130/11) of 19 July 2012, the scope of this ruling has given rise…
T0969/14 is the latest in a long line of decisions which make it clear that the EPO Boards of appeal will not accept late filed requests which could have been filed in first instance proceedings, whether or not the submission of such requests might be perceived as a procedural abuse. One of the consequences of…
