The end of July traditionally brings a flurry of patents judgments from the English Courts. This year was no exception, hence the large number of posts in the last few days. Among this year’s flurry was a decision handed down by the Court of Appeal on 27 July 2016 in Hospira v Genentech ([2016] EWCA…
by Gregory Bacon The English courts are not averse to determining disputes concerning foreign rights, including intellectual property rights. Readers will no doubt be aware of the recent case between Actavis and Eli Lilly in which Actavis sought declarations of non-infringement in relation to the UK and foreign designations of Eli Lilly’s European patent concerning…
by Rachel Mumby Those readers who are unfamiliar with the excessively optimistic outlook of Mr Wilkins Micawber in Charles Dicken’s novel David Copperfield, would be forgiven for having had to look up the word “Micawberism” on reading it in the judgment of Floyd J (as he then was) in Blacklight Power Inc. v The Comptroller-General…
Analysing whether, if the UK ratifies the UPC, further participation in the Unitary Patent system might be possible and on what legal basis. That is the main objective of a group of patent professionals in the UK, which has been convened by Simmons partner Kevin Mooney after the Brexit vote of 23 June 2016. Mooney is…
A federal trial court erroneously concluded that patent defendant Suunto Oy lacked minimum contacts with the State of Delaware to support the assertion of specific personal jurisdiction in a patent infringement suit filed by Polar Electro Oy, the U.S. Court of Appeals for the Federal Circuit has ruled. The judgment of the district court was…
Contrary to established case law and practice, the Higher Regional Court of Vienna stayed preliminary injunction proceedings in a patent infringement matter and conducted an oral hearing. The proceedings were stayed until the EPO’s Technical Board of Appeal’s decision, confirming the validity of the patent in suit, was available in writing; the oral hearing was…
As readers know well, over the last few years courts around Europe have handed down several ground-breaking decisions on the scope of “second medical use” claims and, in particular, the activities required of third parties to guarantee the fair protection of such claims. Most of these decisions have revolved around the Lyrica® (pregabalin) patent, which…
One month after the UK referendum, discussion has deepened and several papers have been published about the Brexit vote and the Unitary Patent system. Is it possible to both save the system and keep the UK in? EPO president Benoît Battistelli thinks the best case scenario would be for the UK to ‘go ahead as…
On 24 June 2016, the Full Federal Court of Australia upheld an appeal from a first instance decision which gave a broad construction to an omnibus claim in the case of GlaxoSmithKline Australia Pty Ltd v Reckitt Benckiser Healthcare (UK) Ltd [2016] FCAFC 90. Reckitt’s claim against GSK included allegations of infringement of various claims (including…
Can the Unitary Patent system still enter into force? Is it attractive without the UK or will companies rather stick with the established patent system as in force right now? According to Dr. Axel Walz, co-founder of the IP Dispute Resolution Forum (IPDR) in Munich, these topics have been discussed a lot among German colleagues…
