Case Law

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 To ensure you don’t miss out on interesting IP law developments reported on our other blogs, we regularly provide an overview of the most-read posts from each of our IP law blogs.  With autumn now…

After two years, the UPC's track record concerning its decisions has been rather good so far. Although, of course, in each specific case one of the parties will disagree with the decision, the…

In late September, the Mannheim Local Division of the Unified Patent Court (UPC) and Germany’s Munich Regional Court issued the world’s first “anti-interim license” injunction orders (AILIs). These…

The basic patent and SPC on Stelara®, the successful blockbuster drug of Janssen, have expired, which means that the generic producer Samsung Bioepis can potentially bring its generic drug on the…

T 1913/21 has received attention for nicely illustrating the difference between process claims and second non-medical use claims —a category of claims shaped by landmark Enlarged Board decisions G 2…

The withdrawal of the European Commission’s Standard Essential Patents (SEPs) Regulation proposal earlier this year has left a significant void in EU intellectual property policy. This decision was…

The Federal Court’s decision in The NOCO Company v Brown and Watson International Pty Ltd [2025] FCA 887 has provided a welcome update on the relevant date for assessing the best method knowledge…

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”…