Case Law, United Kingdom

(Bristows)/

The High Court has granted the Claimants’ request for declarations of non-infringement (“DNIs”) regarding several national designations of the Defendant’s European Patent for a pemetrexed disodium and vitamin B12 combination in respect of reconstitution of the Claimants’ lyophilised pemetrexed product when reconstituted in dextrose solution. The issues in this case were remitted by the Court…

European Union, Spain, Unitary Patent, UPC

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The Spanish Parliament, the Congreso de los Diputados, surprisingly adopted a non-binding motion on 7 March 2017, requesting the government to join the Unitary Patent system. Spain has been the only EU member state to stay completely out of this new European patent system, that is expected to start functioning in December of this year…

European Union, Spain, Unitary Patent, UPC

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The Spanish parliament will vote today on a non-binding motion of the socialist opposition party PSOE, which calls on the government to reconsider joining the Unitary Patent system. The motion was filed last month by MP Patricia Blanquer. According to Blanquer, Spain should no longer stay on the side-line now that the system is about…

China

(Baker & McKenzie FenXun (FTZ)), (Zy Partners), and (Baker & McKenzie)/

1       Background In the past several years, the Supreme People’s Court (“SPC”) of China has been working on establishing a precedent system appropriate for China.  In 2010, the SPC launched the Guiding Cases System (“GCS”).  Under the GCS, the SPC each year selects and publishes certain representative cases from all level of courts as Guiding…

(Indirect) infringement, Added matter, Amendments, Electrical Engineering, United Kingdom

(Bristows)/

by Naomi Hazenberg and Olivia Henry The Court of Appeal has handed down judgment in IPCom v HTC ([2017] EWCA Civ 90), the latest instalment of the long running UK litigation on European Patent (UK) 1 841 268. Floyd LJ, writing the leading judgment, allowed IPCom’s appeal and dismissed HTC’s cross-appeal finding the patent (as…

European Union, Unitary Patent, UPC

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Once the UPC opens its doors, expectedly on 1 December 2017, a whole new European patent system will start taking shape. An exciting challenge for the future judges of the court, who will have to bring into practice a set of brand new Rules of Procedure and find common ground despite their different backgrounds and…