Whilst it is highly debatable whether the EU Withdrawal Agreement will get through the UK Parliament, the chances are that if any revised deal is struck later, the IP provisions will remain unchanged. (The Johnson brothers, and even Jacob Rees-Mogg are unlikely to be terribly exercised about matters such as the continued application post- 31…
For the first time, the European Patent Office has revoked a patent as a consequence of amended regulations which exclude plants and animals obtained by an essentially biological breeding process for patentability. The revocation, last month, concerned European patent number 1.597.965, covering a type of broccoli adapted to make harvesting easier. The patent was granted…
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…
The assignor of a patented network security logging device that “broadcast” network security threats was not estopped from initiating an inter partes review of the patent, the U.S. Court of Appeals for the Federal Circuit has determined. However, the court also ruled that the Patent Trial and Appeal Board, in invalidated some of the patent’s…
The European Patent Office and representatives of 14 German law firms who had expressed concerns about EPO patent quality earlier this year in a letter, have started a “constructive dialogue”. The representatives had a meeting with the new President of the European Patent Office, António Campinos, and other EPO officials, on 16 October 2018 in…
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…
Over the last decade, one of the topics typically discussed in patent proceedings in Spain has been to what extent the validity of the patent may be analysed in preliminary injunction proceedings. In the mid-2000s, the Judges in charge of the Commercial Courts at the time, with jurisdiction to deal with patent cases in Barcelona,…
In order to provide adequate incentives for the research and development of high-quality medicinal products adapted for paediatric needs, special rewards, such as a 6-month paediatric extension of the term of a Supplementary Protection Certificate (SPC) have been made available in the EU since 2007. Switzerland, which participates in the EU’s single market and traditionally…
For the first time, the European Patent Office has published guidelines on the patentability of artificial intelligence (AI) and machine learning (ML) technologies. The guidelines (G-II 3.3.1) came into force on 1 November 2018. As the guidelines provide, AI and ML are “based on computational models and algorithms for classification, clustering, regression and dimensionality reduction,…
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…
