The Unified Patent Court has formally announced that, for the time being, competencies which were originally assigned to the London seat of the UPC central division, will be divided between Munich and Paris. Remarkably, there is no mention of Milan as third seat of the central division. Only two months ago, a spokesperson for the…

On January 26, 2023, Regeneron Pharmaceuticals, Inc., who sought to invalidate Amgen Inc.’s Japanese patent (JP5705288) covering an isolated monoclonal antibody used as cholesterol medication, won an appeal case in the IP High Court (Case No. 2021 (Gyo-ke) 10093). What was surprising in this case was that the IP High Court’s invalidity conclusion was the…

Less than three weeks before the planned opening of the Unified Patent Court, a message has been published on its website as a reaction to problems with the content management system, which apparently isn’t able to cope with the growing inflow of opt-outs. Proprietors who don’t want their patents to fall under the UPC need…

On 4 May 2023, a mere two weeks after the conclusion of the hearing, the Court of Appeal handed down its decision in Sandoz and Teva v BMS. The appeal decision is centred on the question of plausibility and comes hot on the heels of the Enlarged Board of Appeal’s decision in G 2/21. Indeed,…

Around 200 judges, patent litigators, patent attorneys, other patent experts, representatives of scientific institutions and companies, government officials, The Hague mayor Jan van Zanen and Dutch minister of Economic Affairs and Climate, Micky Adriaansens, attended the opening ceremony of the Dutch local division of the Unified Patent Court today in The Hague. Minister Adriaansens stressed…

In an earlier post I explained the issues that the proposed EU Regulation on SEPs intends to address, and why neither the market nor the courts solve them. Here, I discuss three points of critique brought against the Proposal: that it would reduce innovation incentives; that a family-level essentiality assessment would be too imprecise; and…