Case Law

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Traditionally, patents are territorial rights: their effects are limited to the territory in which they take effect, and therefore any infringing acts are necessarily localised in that territory…

Readers will likely be aware of the cross-jurisdictional litigation considering infringement by Samsung Bioepis / Amgen’s biosimilar eculizumab products of Alexion’s patent, EP 3 167 888 B1 (“EP 888”…

It has been a little over two years since the UPC issued its first order for provisional measures on 22 June 2023. The first year saw six preliminary injunctions (PIs) granted (two ex parte) out of…

Two recent patent decisions on opposite sides of the Atlantic - EcoFactor v. Google in the United States and Optis v. Apple in the United Kingdom - highlight a growing divergence in the role of…

The legal battles surrounding osimertinib have brought significant attention to the pharmaceutical industry in Russia, particularly in relation to intellectual property rights, competition laws, and…

In a sophisticated dispute concerning methods for predicting breast cancer recurrence, the Barcelona Court of Appeal (Section 15) rejects infringement. In doing so, it holds a narrow view on method…

 G 1/24 has now been issued, and concludes “The description and any drawings are always referred to when interpreting the claims, and not just in the case of unclarity or ambiguity.” With this simple…

Maybe not all readers of this blog will know that there once was a “North German Confederation” which existed from July 1867 to December 1870, after which it became part of the newly to-be-founded…

One of the most highly debated issues at the UPC before its commencement was the question, how the UPC would deal with validity of patents – would it essentially take over the EPO’s course? Or would…