In an earlier post we considered the general licensing and evaluation issues raised by a report issued in January 2021 by the EU Group of Experts on Standard Essential Patents (EU SEPs Expert Group). The present comment focuses on the transparency aspects highlighted by the Expert Group’s report. Transparency of Declarations In an ideal world…
At the beginning of the year, the Russian Government granted the first compulsory license on a series of Big Pharma’s patents. For the first time ever, “public security” clause has been evoked. According to the Decree 3718-r, Pharmasintez JSC, a Russian generic company, has been granted a 1-year compulsory license to use Gilead’s patents protecting…
As of February 2021, it is still too early to have a clear and complete view of how the COVID-19 health, economic, and social crisis has affected patent filing trends and how innovation specifically dedicated to cope with the present “new normal” situation is the object of patent protection. This pandemic has prompted patent offices…
The report issued in January 2021 by the EU Group of Experts on Licensing and Valuation of Standard Essential Patents (EU SEPs Expert Group) was long-anticipated and followed two years of debate and discussion within the group. The published document is very long and wide-ranging (229 pages). Given the scope of the report, it certainly…
Normal service looks to have been resumed following the Court of Appeal judgment in IPCom v Vodafone [2021] EWCA Civ 205, in which Arnold LJ reversed a first instance finding by Recorder Douglas Campbell QC that Vodafone was entitled to a defence of Crown use in respect of certain acts which infringed an IPCom patent,…
Neither of French case law nor of a mood note on a general theme today, like Werther I prefer to suffer with my eternal love for Goethe’s language to evoke the Sisvel vs Haier II decision (FRAND-Einwand II, i.e. Defense FRAND II) of the Bundesgerichtshof (i.e. German Federal Court of Justice) rendered last week ; all…
From time to time, one may find publications that seek to explore the influence that the Bible may have had on patent law. A classic example is Exodus 20:15: “You shall not steal.” Another sometimes-cited example is Deuteronomy 27:17: “Cursed is he who removes his neighbor’s landmark.” Of course, Matthew 5:39 would not be the…
Biologic drugs, many of which are antibodies, represent an increasing share of the pharmaceutical market. In recent years, numerous broad functional patent claims directed at therapeutic antibodies have come under attack for failing to satisfy the written description and enablement requirements. The proper scope of these requirements has divided the biopharmaceutical industry. In its latest…
For the second time, I will have the pleasure and the Honor of welcoming Professor Anne-Catherine Chriariny. Professor Chiariny teaches Patent Law and International Private Law at the University of Montpellier. She is notably the author of a famous doctoral thesis on international patent litigation awarded by the Prix Pierre Véron and published in 2006…
Can natural justice outweigh statute, contractual confidentiality obligations and industry practice? Recently, the High Court of Delhi passed a decision in the heated FRAND dispute between InterDigital and Xiaomi concerning confidentiality clubs [1]. Read part 1 of this blog. 3. Key errors in the order of the Court I. Confidentiality concerns of InterDigital and its…
