In this case the Federal Court of Justice (FCJ) allowed a compulsory licence under a patent for a pharmaceutical active ingredient for the first time ever. The Court held that a public interest in such a licence may still exist where it concerns only a small group of patients. In particular, the interest may be…
Whilst ostensibly a standards essential patents dispute, there have now been two decisions from the English Courts in this case both on the construction of a licence agreement under Californian law. These two judgments have come before any substantive decisions on infringement or validity of the three patents asserted by Philips against Asus and HTC….
Following inter partes review of several claims of a patent directed to a trigger/seal mechanism for a beverage container, the Patent Trial and Appeal Board properly applied the broadest reasonable in construing a connection limitation disclosed in the challenged claims, the U.S. Court of Appeals for the Federal Circuit has decided. The Board’s construction was…
The appointment of Antonio Campinos as new president of the European Patent Organisation has had a cautious reception. Campinos was elected during a meeting of the Administrative Council of the EPO earlier this month. He will succeed the controversial president Benoit Battistelli, whose term in office has been marked by years of deep social unrest….
Plausibility has been a hot topic for a couple years, so it was no surprise the issue graced the roster for the Pharma Day series of panels at the AIPPI World Congress. Moderating the session, Juergen Meier (Vossius), explained that EPO examiners were increasingly probing a patent beyond the standard novelty and inventive step requirements…
The panel sessions of AIPPI Sydney 2017 opened in style with a blockbuster trade secrets double session. Chaired by Annsley Ward (Bristows) and Mark Ridgway (Allen & Overy) with panel guests Lucas Kenny (NetApp, Australia), Catherine Mateu (Armengaud Guerlain, France), Linda Lecomte (Wuersch & Guering, US), Judge Matthias Zigann (Munich regional Court, Germany) and Justice…
The European Patent Organisation consists of two organs: the European Patent Office and the Administrative Council. Pursuant to Art. 4 EPC, the task of the Organisation is to grant European patents. This shall be carried out by the European Patent Office supervised by the Administrative Council. Thus, the Administrative Council is supposed to supervise the…
For many years, Spanish Courts have considered the “problem & solution approach” developed by the European Patent Office (“EPO”) to be a very useful tool for the purpose of trying to make an objective assessment of inventive activity. Unlike in other jurisdictions such as Germany, in Spain this method has become the natural instrument used…
Although the Irish government scheduled a series of referendums for 2018 and 2019 last month, the referendum on Irish participation in the Unitary Patent system was not one of them. This was confirmed by the Department of Business, Enterprise and Innovation in Ireland. The press office of the ministry stated: ‘The Government deferred making a…
The Administrative Council (AC) of the European Patent Organisation has elected António Campinos to succeed Benoît Battistelli as President of the EPO. Campinos 5-year term will start on 1 July 2018. According to an EPO announcement, the Portuguese Campinos was elected during the AC meeting in Munich today. He is currently Executive Director of the…
