The news was announced last week: Moderna is suing Pfizer for infringement of two of its patents related to Covid-19 vaccines. These highly targeted actions are likely to spread to many other countries: here is a brief overview of the case and its potential French perspective. In a press release dated August 26, 2022, Moderna…
The Unified Patent Court has announced a ‘major milestone’ in the implementation of the Case Management System (CMS). Starting mid or end of September, the CMS login process will be based on a strong authentication scheme. According to a report on the UPC’s website, ‘an electronic IDentification certificate (compliant with EU Regulation No. 910/2014, also…
Longi and Hanwha have fought several (preliminary) court cases, which eventually resulted in a (cross-border) injunction. An ancillary claim that was approved was a recall of infringing products. Longi challenged on appeal the decision of the provisions judge that recall would also extend to solar panels that were already installed, but the judgment was upheld…
On June 3, 2022, the Japanese government announced its Intellectual Property Strategic Program 2022. The Intellectual Property Strategic Program sets out the government’s policies and future actions for promoting the creation, protection and exploitation of intellectual property in a focused and systematic manner. It is discussed and decided every year by the Intellectual Property Strategy…
To date, final decisions from the Spanish Patent and Trademark Office (“SPTO”) dealing with matters such as patents or supplementary protection certificates (“SPC”) may be appealed before the administrative law chamber of what are known as the Tribunales Superiores de Justicia (“High Courts of Justice”). Although these Courts are highly specialised in public law matters,…
It has long been held that a prior art disclosure of a chemical compound would disclose this chemical compound in all grades of purity and that novelty could only be achieved if the claimed level of purity could not be reached in the prior art. However, in the current decision the view that such an…
On 4 August 2022, the English Patents court handed down its decision in Shenzhen Carku Technology Co., Ltd v The NOCO Company, a case on battery-powered car jump starters. The decision of Mr Justice Meade is of particular interest as it addresses experts and hindsight, the third limb of the Actavis questions on the doctrine…
A nullity plaintiff who argues in the statement of claim that the subject-matter of a subordinate claim is obvious in the light of a specific prior art document, is in principle not obliged to submit further prior art documents until a deviating preliminary opinion of the Federal Patent Court if the court has pointed out…
The Brazilian pharmaceutical market is growing fast and is expected to become the fifth largest in the world by the next decade. While the country struggles to recover from economic downturn, the health care sector plays a key role in political speeches and the overall approach by the government. The Brazilian Constitution establishes access to…
Expanding on its 2016 Cuozzo decision, the U.S. Supreme Court holds that the “no appeal” provision of 35 U.S.C. § 314(d) precludes judicial review of the agency’s application of Section 315(b)’s time bar. In a 7-2 decision, the U.S. Supreme Court has held that Section 314(d) of the Patent Act precludes judicial review of the…
