As many Kluwer readers will know, the last 18 months have witnessed a changing of the guard within the English Patents Court with long-standing first instance judges Arnold and Birss JJ being…
The Hatch-Waxman Act allows the FDA to permit a generic version of a branded product, which is partially patent protected, to come to market if the generic manufacturer “carves out” the patent…
In Omni MedSci, Inc. v. Apple Inc., ___ F.4th ___, Nos. 2020-1715, -1716 (Fed. Cir. Aug. 2, 2021), the U.S. Court of Appeals for the Federal Circuit held that the University of Michigan’s technology…
In an Iberian validity dispute pitching a Spanish generics manufacturer against Portugal's national pharmaceutical champion Bial Portela, the busy and influential Barcelona Commercial Court No. 5…
Although the grounds of the decision under R. 111(2) EPC do not have to deal in detail with all the arguments of the parties, at least the key points of discussion must be addressed. The grounds must…
A change in the composition of the Examining Division is legally allowed. This does not jeopardize the right to be heard and to a fair trial.
The ‘equality of arms’ is not hampered by the…
Introduction
The implementation of 4G mobile communication technology in the UK has become very expensive for Apple in light of the High Court of England and Wales’ decision last month in Optis v…
According to established case law, it is sufficient for the realization of a feature containing an indication of purpose if the device protected is suitable for use for the purpose mentioned due to…
On 25 June 2021 Meade J handed down his decision in the second of a series of trials listed as part of the Optis v Apple UK action ([2021] EWHC 1739 (Pat); a link the judgment is here). This…
