On June 17, 2016, the Danish Maritime and Commercial Court rendered judgement in a patent case between AstraZeneca and Teva and Accord regarding the validity of the DK part of EP 0 907 364. The patent-in-suit concerned a new formulation of the already known pharmaceutical substance quetiapine in a sustained release comprising the active substance…
Following the CJEU judgment Huawei vs ZTE (Case C-170/13) of 16 July 2015, the national courts continue refining the requirements for the assertion of standard-essential patents (SEPs). So far, the first instance courts in Germany (in particular in Duesseldorf, Mannheim and Munich) showed a tendency to apply the principles of the CJEU decision in a…
The Senate or ‘Eerste Kamer’ of the Parliament in the Netherlands approved the Unified Patent Agreement on 28 June 2016 without discussion. Two weeks ago, the Dutch Second Chamber, ‘Tweede Kamer’, had already ratified the UPCA. It isn’t clear when the Netherlands will complete the formal procedure by depositing its instrument of ratification with the General…
Last Friday Europe woke-up with the worst news since World War II, which could have far-reaching consequences not only for the economy, but also for the values that one would like to see prevailing in the world. It is sufficient to read the posts published by some of those who are celebrating Brexit to realize…
How to save the Unitary Patent project? As soon as the outcome of the UK referendum on a Brexit was known, discussions started behind the scenes about ways to adapt the Unitary Patent system so the UK can stay in. According to Wouter Pors of Bird & Bird, a new scenario has come up to…
With many others, the European IP community is in shock after yesterday’s UK referendum. Though polls had indicated it was impossible to predict whether ‘Remain’ or ‘Leave’ would prevail, somehow it was difficult to believe the UK would really turn its back on the European Union. For European patent specialists, it is hard to accept that…
Today will witness the most important decision the UK has made this century. Understandably, many citizens are anxious about the outcome whatever their leaning on the issue. To help pass the time whilst the polling is on-going, my colleagues Richard Pinckney, Matthew Raynor and Luke Maunder at Bristows have assembled the Second Summer UPC Quiz (with…
A Brexit would be harmful for Europe and a Unitary Patent system without the UK would be less appealing for Europeans as well as Americans and Asians. Most industries cannot afford that their products are only marketed in the UK and not in the other 24 UPC countries, so the system may still be quite…
No, this is not another blog about the Brexit, even though the current figures of the EU referendum polls in the UK make this author wonder how it comes that cooperation and European harmonization is so uncontroversial and successful in the field of intellectual property, yet apparently so controversial and difficult in other fields. Perhaps…
This author began his career in patent litigation in 1996. In those days, a solicitor’s role was confined largely to the preparation of trials in the English Patents Court. Huge amounts of time were spent on discovery – searching and reviewing a client’s documents, followed by reviewing the opponent’s documents and invariably complaining to the…
