In most systems, a patent is valid for 20 years from the filing date of the patent application. Patents are granted with a presumption of validity but no patent is safe from being challenged and declared (partially) invalid by national courts or, in the case of European patents, revoked by the European Patent Office. Often, a claim of invalidity of a patent is a reaction to an action of the patentee, in particular an infringement action.
Given the furore surrounding Birss J’s decision on the non-technical issues in Unwired Planet v Huawei earlier this month, which included the first determination of FRAND terms by an English Court (reported on by my colleague Rachael here), it would have been easy to miss the first appellate Court judgment on the related technical issues…
Although there is a well-known crime novel by James M. Cain saying the contrary, the postman does not always ring twice, particularly not in patent nullity proceedings when it comes to the service of the complaint under the Hague Convention. Recently, two patents were declared null and void in Switzerland. In both proceedings the revocation…
By decision no. 1651 of 14 October 2016 (publication reference: 24658/2016), the Italian Supreme Court put an end to the longstanding litigation between Bayer and the Italian company Industriale Chimica in relation to the production of drospirenone. This decision tackles both the issue of the patentability of chemical intermediates and that of infringement by equivalents….
by Chloe Dickson On 30 November 2016 the Court of Appeal handed down judgment in the latest chapter of the Hospira v Genentech epic surrounding Genentech’s blockbuster drug trastuzumab (Herceptin®) (Hospira v Genentech [2016] EWCA Civ 1185). This instalment concerned a patent for use of the antibody trastuzumab in combination with a traditional chemotherapeutic agent,…
On 21 October 2016, the Federal Court of Australia handed down its judgment in the case of Apotex Pty Ltd v Warner-Lambert Company LLC (No 2) [2016] FCA 1238 (FCA Judgment). Justice John Nicholas found in favour of Warner-Lambert, both upholding the validity of its patent claims and granting final injunctions restraining infringement by Apotex….
by Steven Willis Yesterday, the Court of Appeal handed down its decision in Idenix v Gilead [2016] EWCA Civ 1089, a dispute involving SOVALDI® (sofosbuvir), which is sold by Gilead as a treatment for chronic hepatitis C infection in adults. At first instance, Arnold J held (in an epic 621 paragraph judgment) that Idenix’s Patent…
Media attention at the English High Court today may have been focussed on the Article 50 challenge but for many patent lawyers operating in the life sciences sector, of equal or greater importance was the handing down of the long-awaited judgment in the Lyrica appeal. To recap briefly, Pfizer was the owner of a patent…
On 22 July 2016, IP Australia approved a patent specification involving computer programming in poker machines in Aristocrat Technologies Australia Pty Limited [2016] APO 49. IP Australia’s decision comes on the heels of the High Court of Australia’s approval of the Full Federal Court decision in Commissioner of Patents v RPL Central Pty Ltd [2015]…
The end of July traditionally brings a flurry of patents judgments from the English Courts. This year was no exception, hence the large number of posts in the last few days. Among this year’s flurry was a decision handed down by the Court of Appeal on 27 July 2016 in Hospira v Genentech ([2016] EWCA…
by Rachel Mumby Those readers who are unfamiliar with the excessively optimistic outlook of Mr Wilkins Micawber in Charles Dicken’s novel David Copperfield, would be forgiven for having had to look up the word “Micawberism” on reading it in the judgment of Floyd J (as he then was) in Blacklight Power Inc. v The Comptroller-General…
