Amendments, China, Enforcement, Inventive step, Novelty, Pharmaceutical patent, Prior art, Scope of protection

(Baker & McKenzie), (Zy Partners), and (ZY Partners)/

A Markush claim is a type of claim commonly used in chemical and pharmaceutical fields. On December 20, 2017, in Beijing Winsunny Harmony Science & Technology Co., Ltd. v. Daiichi Sankyo Co., Ltd, (“Daiichi Sankyo Case”), the Supreme People’s Court (“SPC”) resolved a long standing-split among Chinese courts regarding the interpretation and amendment of Markush…

Case Law, United States of America

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The U.S. Court of Appeals for the Federal Circuit has granted BioDelivery Sciences International, Inc.’s motion to remand to the Patent Trial and Appeal Board a consolidated appeal of the Board’s final decisions upholding the patentability of three Aquestive Therapeutics patents for water-soluble drug-dosage films incorporating anti-tacking agents. On remand, the Board was directed to…

Case Law, United Kingdom

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The Court of Appeal overturned the Patents Court decision to strike out Glaxo Group’s (GSK’s) claim for an Arrow declaration in proceedings concerning a number of patents relating to dry powder inhaler formulations used in the treatment of respiratory diseases.  The Court of Appeal held that GSK’s claim for an Arrow declaration was sufficiently realistic…

Case Law, United Kingdom

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The Court ordered a twelve month stay of the injunction granted when it found one of Boston’s patents concerning a transcatheter heart valve (THV) valid and infringed by Edwards’ medical device, in order to allow for the re-training of clinicians to use non-infringing THVs. The Court also held that, even after that stay, the injunction…

Litigation, ownership, PCT, Pharmaceutical patent, United States of America

(Kramer Levin Naftalis & Frankel LLP)/

In a previous post here, we described constitutional and procedural challenges to inter partes review (“IPR”) in the Oil States and SAS Institute cases taken up by the U.S. Supreme Court.  We also posted here on Allergan’s attempt to avoid an IPR by assigning its challenged patents to an American Indian tribe that claims tribal…

Case Law, Denmark, Infringement

(Bugge Valentin)/

In a recent judgement rendered by the Danish Maritime and Commercial Court (SH2018.T-3-16 – Hexa-Cover A/S et al v. Kirk Plast A/S et al), the court heard an infringement case based on the alleged infringement by virtue of the marketing and sale of a system of so-called floating tabs, which serve to provide a cover…

Added matter, Case Law, Generics, Spain

(Clifford Chance)/ /2 Comments

On 13 April 2018, the Barcelona Court of Appeal (Section 15) wrote a decision highly illustrative of the challenges that an “added matter” objection may raise in Spain, particularly in the context of preliminary injunction proceedings. The decision confirmed a ruling of 18 July 2017 from Barcelona Commercial Court number 4, which had lifted a…

Finland

(Attorneys-at-Law TRUST)/

The Finnish act on the right in inventions made at higher education institutions is in the process of being amended. The reason behind the underlying revision is to enhance the commercialisation of inventions at higher education institutions. Statistics on patents granted from 2013 to 2016 show that Finnish universities in general produced high-quality research and…