On April 26 2017, the Eastern High Court of Denmark gave an interesting decision in a case between Orifarm Generics A/S and Novartis A/S, who is the holder of a patent and a number of utility models…
Since Warner-Lambert successfully defended its pregabalin patent and obtained injunctions against generic market entry in Apotex Pty Ltd v Warner-Lambert Company LLC (No 2) [2016] FCA 1238 (see our…
On 24 November 2016, the Court of Appeal of Barcelona (Section 15) handed down a judgment in which it confirmed that "the interpretation of the scope of protection of a patent for the purposes of…
The Patent Trial and Appeal Board erroneously construed the term "aseptic" in an inter partes review (IPR) of a patent for a method of aseptically bottling sterilized food, the U.S. Court of Appeals…
Most readers will be aware of the so-called "all elements" test, whereby patent infringement is normally discarded unless the allegedly infringing device or process reproduces each and every element…
On April 3, 2017, the latest decision was handed down in the patent revocation battle between medical device manufacturer Nouvag and Jean Malak, a plastic surgeon specialized in liposuction. This…
To the extent that the Patent Trial and Appeal Board did not provide an explanation for its obviousness rejection of 13 claims of a Securus patent on a system and method for reviewing monitored…
An EPO board of appeal expressed its opinion that EBA case law implied that no further use should be made of the three-part “essentiality test” of T 331/87, for deciding whether removal of a feature…
In this case, the Federal Court of Justice considered the value of a secondary indicium for a decision on inventive step. The FCJ confirmed that if an invention differs from the decades-old general…
