On 22 April 2021 the Intellectual Property Enterprise Court (IPEC) gave a judgement in Claydon Yield-O-Meter v Mzuri, a UK case on patent invalidity because of prior disclosure. As is known, in order for an invention to be considered new under Section 2(2) of the UK’s Patents Act 1977, it must not form part of…

I can imagine what the reader might think when reading these few lines: another text on artificial intelligence (“AI”) and the Patent Law! (With perhaps: the author is obsessed with the Daft Punk split[1]). My mantra is: “Never disappoint the reader”! So both are true. That said, concerning the reception of AI by Patent Law…

As reported in last week’s post, on 20 January 2021 Birss J handed down what may be his last first instance decision before his elevation to the Court of Appeal.  The first post on the judgment considered the issues of identifying the skilled person, insufficiency and infringement.  This second part considers the decision relating to…

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…

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…

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…

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…

Mishan (T/A Emson) v Hozelock & Ors [2020] EWCA Civ 871 Since Arnold LJ’s elevation to the Court of Appeal in 2019, he and Floyd LJ have heard about 11 cases together, spanning a mixture of areas of law, some patents cases and some not.  In the majority of these cases, Floyd LJ (or a…

It has been a year since the Supreme Court remanded the matter to the Delhi High Court in the case of Monsanto Technology LLC v. Nuziveedu & Ors[1]. However, the step may have proved to be retrograde. Background Monsanto Technology LLC (Monsanto) had a registered patent no. 214436 for Nucleotide Acid Sequence (NAS) containing the…

In another post (here) I have discussed the procedure for seeking post grant limitation in the framework of Italian court proceedings, and the closing line of that post mentioned that another interesting point of discussion would be when such post-grant limitation should take effect vis-à-vis infringers. In fact, a few decisions have touched this issue…