In his Abbott v Dexcom ([2024] EWHC 1664 (Pat)) judgment, published on 28 June 2024, Mr Justice Mellor was faced with the rather unenviable task of determining the approach of the Skilled Team when “due to their differing experiences and expertise” it was unclear if any of the experts were in a position to comment…
Prepared by Rob Rodrigues and Luiza Cotia The recent publication of the pharma tech-transfer guidelines (PDPs or partnership for productive developments) is bringing an interest for companies to monitor patent portfolios in Brazil. (https://patentblog.kluweriplaw.com/2024/06/25/brazil-pharma-pdps-and-challenges-for-ip-owners/). In view of this development, one of the questions arising is how third parties can influence patent examination of cases that…
On May 30, 2024, the JPO announced that the request for a decision of granting a compulsory non-exclusive license based on public interest under Article 93 of the Patent Act, which was filed by Vision Care and VC Cell Therapy (the “Claimants”) on July 13, 2021, was withdrawn upon settlement. It took more than two…
The reasons for the decision are now available in the case of Ballino v UEFA and others, following an oral hearing on 3rd of June 2004 in the Hamburg local division. As was previously known, the panel comprising Presiding Judge Sabine Klepsch, Judge-rapporteur Dr. Stefan Schilling, and legally qualified Judge Samuel Granata dismissed the application…
In a decision issued today, the Düsseldorf Local Division has ordered the first ever permanent injunction at the UPC following a hearing on 16 May 2024. The injunction covers seven UPC member states: Austria, Belgium, Denmark, France, Italy, Luxemburg and the Netherlands. Notably, Germany was not included in the claim. The patent in question in…
The recent rivaroxaban PI cases may have caused you to ask yourself whether the American Cynamid principles for determining whether or not to grant preliminary injunctive relief in the UK are dead or at least dying. In this article we consider the facts of the rivaroxaban PI applications and aim to tease out some principles…
Following months of speculation, EPO Board of Appeal 3.2.01 yesterday issued decision T 439/22 referring questions to the Enlarged Board of Appeal on the extent to which the description and drawings should be used in claim interpretation. The claim feature at issue was: “in which the aerosol-forming substrate comprises a gathered sheet”. The key…
It has been about a year since the UPC issued its first PI decision, making it a good time to reflect on the case law created so far. The year has seen PI applications being made in front of a range of Local Divisions, including Düsseldorf, The Hague, Helsinki, Vienna, and Hamburg, with most determined…
Prepared by Rob Rodrigues, Brenno Telles and Dara Offrede On Friday June 21, 2024, the government formally introduced regulations addressing the new framework for Partnerships for Productive Development (PDP). The Ministry of Health published new guidelines (Ordinance #4,472/20241) as part of the government policy to foster the “National Strategy for the Development of the Economic-Industrial…
Introduction On 19 June 2024, The Hague Local Division handed down a judgment in a dispute brought by Abbott Diabetes Care Inc. (“Abbott”) against Sibio Technology Limited and Umedwings Netherlands BV (together “Sibio”). Abbott sought to obtain a preliminary injunction (as well as certain other provisional measures) against Sibio, relying on its patent EP 2…
