A patent is a document, issued, upon application, by a government office (or a regional office acting for several countries), which describes an invention and creates a legal situation in which the patented invention can normally only be exploited (manufactured, used, sold, imported) with the authorization of the holder of the patent. ‘Invention’ means a solution to a specific problem in the field of technology. An invention may relate to a product or a process. The protection conferred by the patent is limited in time, generally 20 years. In a number of countries, inventions are also protectable through registration of a ‘utility model’ or ‘short-term patent’.
As is well known, not least since Mark Twain’s famous and unforgettable analysis, the Awful German Language is full of funny compound words (actually, according to Mark Twain, “they are not words, they are alphabetic processions”) for which no direct equivalent seems to exist in English or any other language. Schweinsgalopp is one of these…
One of the most salient features of Spanish patent litigation, in comparison to other countries, such as the United Kingdom, is its extreme rigidity. Judges do not seem entitled to have a sip of water during Court hearings unless a specific provision of the law empowers them to do so. A recent Decision dated 19…
The English Patents Court has often been regarded as a relatively favourable jurisdiction for patentees seeking interim relief in the life sciences arena. This is for various reasons, including the fact that the English Court follows the approach adopted by the House of Lords in the American Cyanamid case, in which an assessment of the…
As readers are well aware, when a patent is infringed, the classic remedy to try to restore the status quo is filing a “cessation” action and a “prohibition” action aimed at obtaining an injunction ordering the defendant to cease the infringing acts and preventing it from infringing until the patent expires. So far, so good….
by Dr. Simon Klopschinski On February 13, 2020 the German Federal Constitutional Court decided that the German law ratifying the Agreement on a Unified Patent Court is void (see here). In the meantime the Constitutional Court has issued another sentence which deals with the European Central Bank’s bond-buying programme (see here). On May 13, 2020…
by Olivia Henry and Nicholas Michelmore On 20 April 2020, Arnold LJ (sitting as a High Court Judge) gave judgment in the case between FibroGen Inc and Astellas Pharma Inc (together the “Claimants”), and Akebia Therapeutics Inc and Otsuka Pharmaceutical Company Limited (together the “Defendants”) which concerned six patents owned by FibroGen and exclusively licensed…
As explained in our blog of 25 March 2020, the declaration of the state of emergency by the Spanish Government on 14 March affected judicial activities in Spain very seriously. For example, Court hearings were suspended, with very few exceptions. Likewise, the periods of time to carry out judicial activities (for example, filing an appeal)…
After the UK’s Prime Minister announced via a televised address on 23 March 2020 the lockdown of the UK in a bid to combat the ever-increasing impact of COVID-19, legal practitioners were keen to see how the UK Courts would cope with such measures especially given that in the High Court at least, video and…
On 1 April 2020, the Court of Appeal, led by Floyd LJ, handed down judgment concerning the strike out of an Arrow declaration in litigation between Mexichem and Honeywell. Honeywell owns six patents that focus on the use of two refrigerants (‘ze’ and ‘yf’) in mobile air-conditioning systems (“MACs”), often used in cars, with a…
by Dr. Simon Klopschinski On March 24, 2020 we reported that the German government planned amendments to the Act on the Prevention and Control of Infectious Diseases in Humans (Gesetz zur Verhütung und Bekämpfung von Infektionskrankheiten beim Menschen – Infektionsschutzgesetz – IfSG), which could also have an impact on patents (see here). In the meantime…
