Brian Cordery

It is trite that in most jurisdictions, the grant of a patent is only a negative right, in that it does not give the patentee the right to work the invention, merely to prevent others from doing so. …

When challenging the validity of a patent, a decision needs to be made early on as to grounds on which to rely. When it comes to allegations of anticipation and obviousness, the challenger and its…

On 1 October 2010 the Patents County Court is due to be re-launched with a new set of procedural rules. The aim of the reforms is to provide a cheaper and quicker forum than the High Court for…

Under the UK’s standard duty of disclosure, each party is required to disclose the documents on which it relies, the documents which adversely affect its or another party’s case and the documents…

The Court of Justice of the European Union (“CJEU”) has been asked to consider whether the draft agreement for the proposed European Patent Litigation System is compatible with the European Union…

There have not been many decisions in 2010 from the English Patents Court that are likely to be regarded in future decades as seminal judgments. However, in the author’s view, the judgment of the…

The torrent of UK cases concerning applications for supplementary protection certificates (SPCs) shows no sign of abating. Following the reference from the Court of Appeal in June to the CJEU in…

Council Regulation 469/2009 (the “SPC Regulation”) governs the grant of supplementary protection certificates in the EU. Core to its interpretation are Articles 1, 3, 4 and 5. Most pertinently,…

On 22 June 2010, the English Court of Appeal handed down its judgment in yet another case involving stents in Occlutech v. AGA Medical. The appeal was dismissed with the result that AGA’s patent was…