The Supreme Administrative Court held that the publication of an application for a European patent that included the description of an industrial design in the relevant journal before the protection for such design was requested meant that the relevant design had been made available to the public and thus was not eligible for registration. With…
The Court of appeal of Paris, in a decision on the merits, has ruled that the SPC covering the combination of ezetimibe and simvastatine is invalid. The decision was rendered on September 25, 2020, in a case opposing Merck and Teva (free translation available here).This is the first decision in Europe on the merits to…
In Linklinear Development Co., Ltd. v. Shanghai Baoye Group Corp., Ltd., [(2019) SPC. IP. Civil. Jur. Fin. No. 2] (November 1, 2019), the IP Tribunal of the Supreme People’s Court (“SPC”) affirmed a lower court’s decision denying the transfer of Linklinear’s later-filed infringement action to another court that hears a first-filed declaratory judgment action, holding…
The FCJ confirmed that the costs of the participation of a European Patent Attorney (Professional Representative before the EPO) in a patent case before the German civil courts are always recoverable from the losing party pursuant to sec. 143 (3) Patent Act. Case date: 14 April 2020 Case number: X ZB 2/18 (ECLI:DE:BGH:2020:140420BXZB2.18.0) Court: Federal…
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…
