The Unitary Patent system can start in the near future. That is one of the conclusions of a meeting held yesterday by the Preparatory Committee of the Unified Patent Court. According to a press release, on the agenda were “issues triggered by the recent events in Germany and the United Kingdom. The Committee took note…
In Immunex Corp. et al. v. Sandoz Inc. et al., the Federal Circuit found that there was no obviousness-type double patenting because there was no “common ownership” of patents under an agreement where Roche retained key rights to the patents-in-suit. Immunex Corp., v. Sandoz Inc., ___ F.3d ___, No. 2020-1037 (Fed. Cir. July 1, 2020)….
As reported on Kluwer Patent Blog, the Supreme Court of England and Wales issued a key decision in the Case of Huawei and ZTE vs Conversant and Unwired Planet. Both lawsuits pertain to standard essential patents and seek to resolve how address international commercial activity from a legal perspective. The cases offer a wealth of…
One of the remedies typically provided by patent law to persons whose inventions have been unduly patented by third parties are actions aimed at claiming ownership of the patent. However, such actions are relatively rare, at least in countries like Spain. This is what makes the judgment of 10 December 2019 (Judge Rapporteur, Ángel Galgo…
This month the Mannheim Regional Court released a decision (here) in the dispute between Daimler AG, owner of the famous Mercedes-Benz brand, and the Finnish company Nokia (also see our previous post on this blog (Another CJEU ruling on standard-essential patents and FRAND looks inevitable). The controversy centred on Nokia’s European Patent EP2981103, which the German…
Declarations from generic drug makers alleged only possible future injury from implementation of the 2019 law that created a presumption that so-called “pay for delay” settlement agreements are anticompetitive. A trade association for the generic pharmaceutical industry failed to demonstrate standing to challenge a California law that created a presumption that “reverse payment” settlement agreements…
The UKSC Unwired Planet & Conversant judgment[1] Background This combined appeal deals with the relationship between patent owners, whose patents are declared essential to certain technical standards, and manufacturers of mobile devices (implementers) that make use of those standards. In this case, the standard essential patents (SEPs) in issue had been declared essential to the…
Another chapter in the pemetrexed saga: Barcelona Commercial Court No. 4 has ruled on infringement in the very first case worldwide concerning pemetrexed diarginine, a salt form of pemetrexed chosen by Sandoz in the wake of the outcome of the landmark Actavis case of the Supreme Court of the United Kingdom (Judgment dated 12 July…
In this decision, the German Federal Court of Justice deals with a number of practical issues concerning service inventions by German employees. In particular, it ruled on what must be contained in the employee’s inventor’s report and whether an assignment given by the employee in order to enable the employer to file for a US…
The reasoning to develop a strong patent regime is an old and straightforward one. Research and development (R&D) requires incentive and strong intellectual property regime provides that incentive. It is estimated that the total cost of developing a new drug, including the costs of capital and failed R&D efforts, amounts to billions of dollars. Without…
