Back in 2018 the European Commission appointed a Group of Experts on licensing and valuation of standard essential patents (SEPs). Their report is expected to be released later this year. What to expect from this Group of Experts? The mission of the Group of Experts is to “deepen the expertise on evolving industry practices related…
In its 30 January ruling in Generics (UK) and others v CMA, the EU Court of Justice (CJEU) in effect upheld the existing approach of the European Commission and EU General Court in relation to the assessment of so-called “reverse payment” patent settlements. The CJEU confirmed that settlements in which a generics manufacturer is paid…
The decision of the European Patent Office to start holding videoconferences as the standard way of conducting oral proceedings in examination and opposition proceedings is facing heavy criticism. There has been no testing, no consultation, the EPO doesn’t have the facilities, it may be discriminatory and in violation of Article 113(1) EPC, according to the…
by Olivia Henry and Nicholas Michelmore On 20 April 2020, Arnold LJ (sitting as a High Court Judge) gave judgment in the case between FibroGen Inc and Astellas Pharma Inc (together the “Claimants”), and Akebia Therapeutics Inc and Otsuka Pharmaceutical Company Limited (together the “Defendants”) which concerned six patents owned by FibroGen and exclusively licensed…
The PTAB did not establish the existence of a motivation for a person of ordinary skill in the art to combine the aspects of existing patents and prior art. The U.S. Court of Appeals for the Federal Circuit has vacated and remanded a decision of the Patent Trial and Appeal Board holding that a patent…
As many laboratories around the world are making every effort to find a treatment for Covid-19 and more clinical trials are conducted[1], it is worth considering the legal mechanisms that could facilitate the quantitatively and qualitatively sufficient, and financially acceptable, exploitation of patent rights that will prove useful in curbing the epidemic and preventing a…
As many laboratories around the world are making every effort to find a treatment for Covid-19 and more clinical trials are conducted[1], it is worth considering the legal mechanisms that could facilitate the quantitatively and qualitatively sufficient, and financially acceptable, exploitation of patent rights that will prove useful in curbing the epidemic and preventing a…
As explained in our blog of 25 March 2020, the declaration of the state of emergency by the Spanish Government on 14 March affected judicial activities in Spain very seriously. For example, Court hearings were suspended, with very few exceptions. Likewise, the periods of time to carry out judicial activities (for example, filing an appeal)…
After the UK’s Prime Minister announced via a televised address on 23 March 2020 the lockdown of the UK in a bid to combat the ever-increasing impact of COVID-19, legal practitioners were keen to see how the UK Courts would cope with such measures especially given that in the High Court at least, video and…
The Federal Court of Justice made the following findings in relation to the material and personal scope of the right to prior use: 1. Where a pre-used embodiment does not implement all features of the patent claim, a modification of the pre-used embodiment which implements all the features is not covered by the right of…
