The EPO’s Problem-Solution-Approach is, on the face of it, simple and widely applied also in the national jurisprudence of the EPC member states. It starts with the determination of a “closest prior art document” (CPAD) which is to serve as the starting point of the further analysis. It is then evaluated which technical differences exist…
Relevant prior art may prove not to be useful as a starting point for an attack on inventive step if the prior art teaching is negated by later studies before the effective date of the patent claims. In such a case, the skilled person would not have had an expectation of success. Case date:16 January…
The same claims a jury found mobile carrier Sprint liable of infringing were later held invalid under Section 101 by the Federal Circuit in an appeal brought by cell provider T-Mobile. The judgment against Sprint had not been made final. Case date: 01 February 2019 Case number: No. 2018-1108 Court: United States Court of Appeals, Federal Circuit…
In the Netherlands, Minister for Health Care Bruno Bruins clashed with Novartis last month about lutetium-octreotaat, after the Swiss pharma company had fivefolded the price of this cancer drug, an ‘orphan medicine’ for patients with neuroendocrine tumors. It is the latest of a series of controversies about medicine pricing. Kluwer IP Law discussed the case…
In a summary assessment of costs, where the parties had drawn up and agreed costs budgets prior to trial, the Court confirmed that each phase of the budget was to be considered separately and two phases could not be combined where one was overspent and the other was underspent. The budget was a guideline which…
In preliminary proceedings, the risk that a company will potentially suffer greatly as a result of the decision is a factor that has to be taken into account by the court. Case date: 28 December 2018 Case number: C/09/555970 / KG ZA 18-694 Court: Provisions Judge of the District Court of The Hague A full summary of this…
This recent decision from an EPO Board of Appeal is a rather satisfying development in how patentability (especially novelty) of purity claims is assessed at the EPO. This case may be seen as patentee-friendly, particularly for the pharmaceutical sector, as it likely extends protection for APIs. It will become especially important to review this case…
The much awaited decision T 1063/18 by Technical Board of Appeal 3.3.04 in a five-member composition has been published today. The patent application under appeal related to new pepper plants and fruits with improved nutritional value, and the decision did indeed turn out to be quite peppery, at least in regard to the EPO Administrative…
AstraZeneca tried to enjoin Hexal from marketing its Fulvestrant-medicament in main proceedings (after already having failed in PI-proceedings) due to alleged patent infringement of AstraZeneca’s Swiss-type claim patent. The Dusseldorf Court of Appeal, however, dismissed the appeal (docket-no I-2 U 29/18). To understand the implications of this case, one has to first step back and…
The introduction of an SPC “manufacturing waiver” in the European Union, aimed at boosting the competitiveness of EU-based generics and biosimilar industry, gains momentum as the current EU legislative period draws to a close. Under the EU’s legislative procedure, the European Commission’s initial proposal for a regulation amending Regulation (EC) 469/2009 on SPCs for medicinal…
