By decision no. 6967/2009 of 14 May 2009, the IP Chamber of the Court of Milan found for the invalidity of a patent claiming the second medical use of a known pharmaceutical product for lack of…
On 18 June 2009 the IP Chamber of the Milan Court issued its official interpretation on whether the filing of an MA application for a generic drug when the patent is still in force results an act of…
According to the Advocate General Article 9 of the Biotechnology Directive does not limit the scope of protection of patents for biotechnology inventions. Nonetheless protection for DNA sequences as…
Whether patent holders marketing branded drugs may assume that the very act of filing of an MA application by generic companies result in patent infringement is one of the hottest issues at the…
The Enlarged Board of Appeal answers three questions of law as follows:
Question 1: Where it is already known to use a medicament to treat an illness, Article 54(5) EPC does not exclude that this…
The Court of Appeal upheld the High Court's judgment that HGS' patent relating to a new protein called Neutrokine-α was invalid for lack of industrial application. The Court of Appeal agreed with the…
The case concerned the validity of a ‘selection patent’. The Court of Appeal held that there is no special approach to be adopted in determining the validity of selection patents and that UK law…
The Federal Court of Justice presented the following questions to the European Court of Justice: 1. How should the term 'human embryos' in Article 6 para. 2 lit. c Directive 98/44 EC be understood? a…
Correction of a letter of withdrawal under Rule 139 EPC is only possible if the public has not yet been officially informed about the withdrawal.
A full summary of this case has been published on…
