In a decision dated June 29, 2022, the Cour de cassation (French Supreme Court) overturned the decision of the Paris Court of Appeal (Paris, November 24, 2020) which refused to assess acts of infringement committed abroad. The decision of the Supreme Court, which merely applies classical rules of private international law, leads one to wonder…
Michael Tappin QC (sitting as a deputy judge of the High Court) It is common in English patent litigation for patentees to make an application to amend a patent post grant and in the course of litigation pursuant to section 75 of the Patents Act 1977 – for example in order to delete invalid claims…
In a highly principled matter, the Danish Maritime and Commercial High Court has ruled to dismiss Novartis’ application for a preliminary injunction against Glenmark, Zentiva, and Viatris based on the patent application EP 2 959 894 (the “894-application”). The patent application is for a pharmaceutical patent on the treatment of multiple sclerosis. The EPO Examining…
25 May 2022, the Paris Court of Appeal overturned the refusal of the French National Institute of Industrial Property (INPI) to grant an SPC on avelumab. This is a reversal of the “nivolumab” case law on the interpretation of Article 3(a) of Regulation (EC) No 469/2009 (hereafter the SPC Regulation). In this case, Dana-Farber…
The member states of the European Patent Organisation have re-appointed EPO president António Campinos for a second five-year term in office, commencing 1 July 2023. The decision was made at a meeting of the EPO’s Administrative Council held in Munich. As far as is clear, there was no extensive discussion about the reappointment, despite a…
The government of Ireland has reaffirmed that the country will participate in the Unitary Patent system. A referendum will be held next year or in 2024. The Irish Department of Enterprise, Trade and Employment announced this in a report on its website yesterday. The Tánaiste [the Irish vice-premier, Leo Varadkar] said: “A single Unitary Patent…
The Holy Roman Empire (Latin: Sacrum Romanum Imperium; German: Heiliges Römisches Reich, later: Heiliges Römisches Reich deutscher Nation) was one of the largest, most successful and longest-lasting political entities in Europe. Founded by the German Emperor Otto the Great in 962, who wanted to continue and revive the empire of Charlemagne, who in turn considered…
In a decision of 3 June 2022, opposing NOVARTIS and BIOGARAN, the Tribunal Judiciaire de Paris accepted the admissibility of a request for provisional measures based on a European patent application. This solution, however surprising it may seem at first sight, could nevertheless be justified. The decision under review is an order rendered in a…
Staff members of the EPO have little confidence in the top management. They don’t think there is a clear and coherent strategy, there are big concerns about quality and also about the increasing work load. This is shown by the fifth Technologia Survey, the results of which have been shared with staff last week. The…
This almost unnoticed metamorphosis, which has been hardly or not at all commented on, is nevertheless an important reform of French law. Order 2021-1658 of 15 December 2021 extends the system of devolution of rights in respect of software (Article L. 113-9-1 of the Intellectual Property Code) and employee inventions (L. 611-7-1 of the Intellectual…
