Following the Court of Appeal’s decision that two of Regeneron’s patents were valid and infringed, it refused to grant Kymab permission to appeal to the Supreme Court, but held that the injunction against Kymab should be stayed, subject to certain conditions, whilst Kymab applied directly to the Supreme Court for permission to appeal. The Court…
The Federal Court of Justice held that in utility model registration proceedings, the utility model department must examine whether one of the grounds for refusal listed in Sec. 2 Utility Model Law exists. Further, the exclusion of utility model protection for methods is in accordance with Article 14.1 and Article 3.1 of the Basic Law….
On March 27th, 2018, the Court of Appeal of Paris issued a decision on withdrawal of the seizure order on the grounds that the principle of impartiality had been violated since the patent attorneys (“CPIs”) assisting the bailiff wrote a report on the probability of the infringement annexed at the seizure request. It will thus…
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…
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…
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…
The FCJ confirmed that the cited prior art should, generally, provide concrete suggestions, hints or at least provide other reasons beyond the recognisability of the technical problem to seek the solution to a technical problem in the way as presented in the patent. The decision by the FCJ also confirms that if an attack on…
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…
The FCJ held that the general suitability of a technical means of the common general knowledge to solve a technical problem can only suffice as a motivation for the skilled person to make use of this technical means if it is directly recognisable for the skilled person that the technical circumstances of the problem make…
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…
