Amendments, Case Law, Competition, Generics, Kluwer Patent Cases, Litigation, Patents, Pharma, Pharmaceutical patent, Procedure, Revocation, United Kingdom, Validity

(Bristows)/

On 15 to 17 December 2021 a three-day trial took place to determine preliminary issues in a second action brought by Neurim against Mylan in relation to patents protecting the product Circadin (“Neurim v Mylan 2021”).  Meade J’s judgment (Neurim Pharmaceutical (1991) Limited and Anor v Generics (UK) Limited t/a Viatris and Anor [2022] EWHC…

EPC, EPO

/ /6 Comments

The EPO violated the fundamental right of free association of its staff in 2014 by giving (former) president Benoit Battistelli the power to determine the detailed conditions relating to the staff committee elections. The Administrative Tribunal of the International Labour Organization (ILOAT) has ruled this in its judgment 4482, which was published after its 133d…

Patents

(Simmons & Simmons LLP)/ /14 Comments

Update 03/02/2022: The preview has been re-published and the links to it in this article are live again. Update 02/02/2022: The original press release regarding the advance preview of the Guidelines and the pdfs of the preview have been taken down. The links in this article will be updated once the advance preview is re-published….

(Cross-border) jurisdiction, FRAND, Injunction, Litigation, Netherlands, Patents, Procedure, SEP

(Brinkhof)/

In two recent decisions the District Court of The Hague assumed cross-border jurisdiction in FRAND / Standard Essential Patent (‘SEP’) proceedings. In a first case the Court assumed jurisdiction on claims related to the FRANDness of a SEPs (patent pool) license. In a second case the Court assumed jurisdiction on an anti-anti-suit injunction (‘AASI’) claim…

European Union, Unitary Patent, UPC

/ /6 Comments

The recruitment of judges for the Unified Patent Court will start soon, now that the Preparatory Phase preceding the opening of the Unified Patent Court has officially begun. According to the UPC Preparatory Committee the preparatory phase will last at least eight months. The UPC Preparatory Committee stated on its website: “Austria was the first…

Competition, FRAND, Infringement, SEP, United Kingdom

, (City, University of London) and (University School of Law and Legal Studies, New Delhi)/

Recently, the UK Intellectual Property Office (UKIPO) has launched a call for views in order to better understand how effective the current Standard Essential Patents (SEPs) framework is in encouraging creativity, innovation, and promoting competition. Ultimately, the call aims to determine whether legislative changes are required. An interesting aspect of this call is that an…