In the course of obtaining regulatory approval for a drug product in the United States, a pharmaceutical company will make numerous representations about its product in submissions to the Food and Drug Administration (“FDA”). If these representations contradict arguments made during prosecution of a patent at the United States Patent and Trademark Office (“USPTO”), they…
On 18 October 2021, the Russian IP Court rendered the decision in Geropharm vs. Novo Nordisk. While dismissing the claims, the IP Court has given the green light to a new legal mechanism of challenging a Patent Term Extension (‘PTE’) and Supplementary Protection Certificate (‘SPC’). It used to be problematic for generic companies to meet…
Judgments from the Spanish Supreme Court on patent cases are a rare occurrence. In a recent decision, the Court rules on insufficiency of disclosure, a revocation ground which – once somewhat of a sideshow – is nowadays a staple of Spanish revocation proceedings. The Supreme Court provides some guidance on trial and error and undue…
The Enlarged Board of Appeal has now issued its long-awaited full decision in case G 1/21. Readers can access it here. The decision deserves a few comments. The Enlarged Board’s advance publication of the order of the decision in July was viewed by many as a sort of cliffhanger. This was because the question answered…
Even though the United Kingdom is expressly mentioned in the Protocol for Provisional Application (PPA) of the Unified Patent Court Agreement as one of the states that has to give its support to the PPA, this is not seen as a stumbling block for the entry into force of the Protocol by the member states…
A judgment of 7 July 2021 from the Spanish Supreme Court has been published, which, as discussed below, following the case law from the EPO’s Boards of Appeal, introduces certain guidelines for assessing whether or not an invention is sufficiently described. The background of the case can be summarized as follows: The complainant filed a…
In Japanese patent litigation, calling expert witnesses is very rare and the parties usually try to prove common technical knowledge (CGK) by submitting documentary evidence, such as publications available as of the priority date and written expert declarations. Thus, parties need to be aware that descriptions in the publications are crucial and cannot be supplemented…
This short post reports on one of the Panel Sessions at this year’s AIPPI Congress which took place virtually for the second year in a row. The tenth panel session of the AIPPI Online World Congress 2021 addressed global FRAND determinations by national courts and out-of-jurisdiction judgments in the form of anti-suit and anti-anti-suit injunctions….
On 8 October 2021, His Honour Judge Hacon (sitting as a Judge of the High Court) handed down his decision in an action brought by Royalty Pharma Collection Trust (“Royalty Pharma”) for approximately €23 million in royalty payments from Boehringer Ingelheim GmbH (“Boehringer”) (Royalty Pharma Collection Trust v Boehringer Ingelheim GmbH [2021] EWHC 2692 (Pat))….
Slovenia has deposited its instrument of ratification for the Protocol on the Provisional Application of Unified Patent Court Agreement and the UPCA itself. According to a message of the UPC Preparatory Committee, this brings “the Unified Patent Court one step closer to its launch”. “Thanks to the Slovenian ratification and following the recent ratification of the…
