The Constitutional Court held that the 30-day period to initiate mandatory arbitration proceedings against applicants for authorization to introduce generic medicines onto the market is a final (or expiration) term. Case date: 10 April 2018 Case number: 187/2018, 41/2017 Court: Constitutional Court of Portugal A full summary of this case has been published on Kluwer IP…
It seems to be a more and more realistic scenario that the UK may leave the European Union on March 29, 2019 without an agreement. A lot has been written about the effect of such a “hard Brexit” on trade in general and –more interesting to us working in the patent field- on the future…
On 12 February 2019, the Barcelona Court of Appeal (Section 15) issued an interesting judgment clarifying the role played by “drawings” for the purpose of interpreting the scope of protection of a patent. This judgment has reversed a judgment of 12 December 2017 from Barcelona Commercial Court number 1 which, according to the Court of…
The Finnish Supreme Court resolved in February 2019 on the matter of whether or not the preconditions for precautionary measures were at hand in a patent law infringement case. Firstly, the Court interpreted the Act regarding Preservation of Evidence in Civil Cases Concerning Intellectual Property Rights (344/2000, as amended). Moreover, the Court analysed the information…
The German Federal Supreme Court has decided on what is necessary to establish a legal interest in a declaratory judgment of non-infringement under German law. The Supreme Court’s decision, which we will discuss in this post, is available in German (X ZR 62/16 – “Slug Bait”). The case concerned the declaration of non-infringement (“DNI”) of…
The results of the EPO’s online user consultation on a procedural option for postponing examination of a European patent application have now been published and are available here (pdf). To cut a long story short, users’ opinions are quite divided. The overall result is surprisingly similar to the result of the Brexit referendum (52% in…
On 1 February 2019, the Danish Maritime and Commercial Court granted an injunction against Mylan AB’s sale of the product Tadalafil »Mylan« containing 5 mg tadalafil in Denmark. On 7 September 2018, Eli Lilly Danmark A/S (“Eli Lilly”) brought a case to the Danish Maritime and Commercial Court requesting a preliminary injunction against Mylan AB…
Patent for automating the collection and manipulation of bedside medical data did not provide any specific improvements to the way conventional computers operate. Therefore, the patent claims were invalid. Case date: 26 February 2019 Case number: No. 18-1284 Court: United States Court of Appeals, Federal Circuit A full summary of this case has been published on Kluwer…
On 4 March 2019, we uploaded a post noting that the English Patents Court had decided to refer a question to the CJEU on whether it was permissible for a patentee to rely on a third party’s MA to obtain an SPC in the absence of consent from that third party. We briefly summarised the…
In preliminary injunction proceedings, the Barcelona Court of Appeal (Section 15) ruled on the interpretation of the wording “protected by a basic patent” in Article 3.a) of the SPC Regulation, on the same facts decided by the High Court of Justice of England and Wales in the 2018 judgment in Teva v Gilead and, following…
