Case Law, Japan, Patents, Pharma

, (Abe, Ikubo & Katayama)/

In the pharma industry, constant battles have been taking place for many decades  between innovators and generics.  More recently, battles among innovators have also started to occur.  This post concerns a case which may have an impact on the development strategies of innovators, as well as licensing strategies of universities and public research institutions which…

Case Law, Italy, SEP

(City, University of London) and (Bocconi University)/ /1 Comment

In April Enrico Bonadio, Luke McDonagh and Francesco Chierichetti reported in this blog four decisions in Italian SEP-related litigations. Since then, thanks to further research and inputs from friends and colleagues, we have come across some other unpublished decisions, which we want to highlight here.   Court of Turin, 4 April 2014 – HTC Europe…

(Compulsory) license, Brazil, Covid-19

(Tribe Arbitration and St Mary's University)/

The Brazilian President gave his assent to the bill introducing new rules on the compulsory licensing of patents, which facilitates the compulsory licensing of COVID-19 vaccines’ patents. The Brazilian President vetoed, however, certain key provisions of the bill, including paragraphs 8, 9 and 10 of the amended Article 71 of the Brazilian Industrial Property Act…

Damages, European Union, France, IP Management, Litigation, Patents, Procedure

(Dhenne Avocats)/ /7 Comments

My eminent colleague Pierre Véron, who needs no introduction here, is the author of a recent survey on the ranking of European jurisdictions in terms of damages awarded over the period 2000-2019 [1]The full version was published in English in Festschrift for President Meier-Beck in the journal GRUR (GRUR 2/2021)., which particularly caught my attention…

Litigation, Pharmaceutical patent, Plausibility, Second Medical Use, Sufficiency of disclosure, United Kingdom, Validity

, (Bristows)/ /1 Comment

In undoubtedly one of the most important decisions of the year so far, on 24 August 2021, the English Court of Appeal handed down its judgment in FibroGen v Akebia (FibroGen Inc v Akebia Therapeutics Inc [2021] EWCA Civ 1279), partially allowing FibroGen’s appeal, and so finding one of the ‘Family A’ patents, EP 823,…

AI, Australia, Case Law

, , (Clayton Utz)/ /9 Comments

[KEYPOINT]: A historic Federal Court decision says an artificial intelligence system is capable of being named as an “inventor” under the Patents Act 1990, with potentially significant ramifications for technological innovation and the patent system in Australia. In the first judicial determination in the world of its type, the Australian Federal Court has held that…

European Union, Germany, Unitary Patent, UPC

/ /4 Comments

Recruitment of judges and top officials of the Unified Patent Court, training of staff and work on the CMS are some of the tasks that lay ahead now that the Period of Provisional Application of the UPC is approaching. Alexander Ramsay, chairman of the UPC Preparatory Committee, has said this in an interview with Kluwer…

Case Law, United Kingdom

(Bristows)/ /1 Comment

As many Kluwer readers will know, the last 18 months have witnessed a changing of the guard within the English Patents Court with long-standing first instance judges Arnold and Birss JJ being promoted to the Court of Appeal and their shoes in the Patents Court being filled by the highly respected patent practitioners, Meade and…

Patents

(Clifford Chance)/ /1 Comment

For many years, due to the rigidity of Spanish civil procedure, it was very difficult, if not impossible, to accommodate in national infringement proceedings events that may have taken place in parallel proceedings where the validity of the relevant patent was discussed, namely, opposition proceedings before the European Patent Office (“EPO”). For example, when the…

Case Law, Infringement, Scope of protection, United States of America

(Gibson, Dunn & Crutcher LLP) and , (Ropes & Gray LLP)/

The Hatch-Waxman Act allows the FDA to permit a generic version of a branded product, which is partially patent protected, to come to market if the generic manufacturer “carves out” the patent-protected indication from its label. The scope of protection from a finding of induced infringement afforded to generic manufacturers by this “skinny label” provision…