In the recent case of Cephalon v Orchid [2011] EWHC 1591, the UK Court held that three patents relating to the drug modafinil, used to treat sleep disorders such as narcolepsy, were not infringed and…
On 20 June 2011, Floyd J. granted a temporary restraining order preventing restraining Teva UK Limited (and two distribution companies, “Phoenix” and “AAH”) from advertising, offering for sale,…
The Hargreaves Review, or to refer to it by its official title, “A Review of Intellectual Property and Growth” by Professor Ian Hargreaves, was commissioned by the UK coalition government in 2010 to…
In the recent case of Merck v Teva (decision of 8 April [2011] EWCA Civ 382), the English Court of Appeal confirmed that when considering the question of inventive step in light of prior art, it did…
As previously discussed, the English Court of Appeal has clearly stated its support for judicial collaboration facilitating de facto harmonisation of patent law in Europe (Grimme Landmaschinenfabrik…
In a judgment dated 17 March 2011 reported at [2011] EWHC 583 (Pat), the English High Court has upheld certain claims of two patents (deriving from the same ultimate parent application) for the…
In the recent case of Schütz v Werit, the Court of Appeal examined the boundary between repair and making under the English implementation of Article 25 of the Community Patent Convention. The…
On 10 March, the Court of Justice of the European Union (“CJEU”) issued its long-awaited opinion on the patentability of human embryonic stem cells in Brüstle v Greenpeace C-34/10.
Biotechnological…
Summary judgment decisions are unusual in patent cases in the UK. The court will generally only be prepared to determine a claim for patent infringement in very clear cases which do not require oral…
