Brian Cordery

Merck Sharp Dohme Corp. and Bristol-Myers Squibb Pharmaceuticals Limited v. Teva Pharma B.V. and Teva UK limited On 15 March 2012, the High Court in England and Wales delivered some useful guidance…

Last April we reported the case of Gedeon Richter plc v Bayer Schering Pharma AG [2011] EWHC 583 (Pat), concerning immediate release formulations of a combination contraceptive product containing the…

The English High Court has upheld the decision of the UK Intellectual Property Office to refuse the grant of a patent for the treatment of inflammatory bowel disease (IBD) with zinc (El-Tawil v The…

On 20 January 2012 the Court of Appeal in England heard the case of Apimed Medical Honey v Brightwake Limited [2012] EWCA Civ 5. Apimed owned European Patent (UK) 1,237,561 (‘the Patent’) for an…

Although a number of issues were raised as to the validity of two patents in the recent Omnipharm v Merial[2001] EWHC 3393 (Pat) case, the most interesting feature of the case was the judge’s…

The English High Court has recently ruled on the appropriateness of staying validity and infringement proceedings pending a Technical Board of Appeal (“TBA”) decision of the European Patent Office (…

The general rule in UK litigation is that the successful party is entitled to its costs. One exception to this rule, peculiar to patent cases, is a so-called 'Earth Closet' order. If an alleged…

We revisit this case, not this time regarding the question of what constitutes the ‘making’ of an invention as resolved by the Court of Appeal in March 2011, but with regards to the question of costs…

On 8 November 2011, in the case of Fresenius v Carefusion, the English Court of Appeal declared that “the Earth Closet order should be consigned to the place that bears its name.” The “Earth Closet”…