A nullity plaintiff who argues in the statement of claim that the subject-matter of a subordinate claim is obvious in the light of a specific prior art document, is in principle not obliged to submit…
The Brazilian pharmaceutical market is growing fast and is expected to become the fifth largest in the world by the next decade. While the country struggles to recover from economic downturn, the…
Expanding on its 2016 Cuozzo decision, the U.S. Supreme Court holds that the "no appeal" provision of 35 U.S.C. § 314(d) precludes judicial review of the agency’s application of Section 315(b)’s time…
As per the EPC definition, a substance or composition that is already known to have been used in a “first medical use” may still be patentable for any second or further use, provided that said use is…
Introduction
In a ruling by Hacon HHJ on 4 July 2022, [here] the English Patents Court has invalidated three patents belonging to J. C. Bamford (JCB) while finding a fourth valid and infringed by…
Because the patent failed to disclose the absence of a loading dose, the no-loading-dose limitation was without adequate written description support.
A divided Federal Circuit panel has reconsidered…
Barcelona Commercial Court no. 5 - arguably Spain's most active patent court - rules in an infringement case concerning motorcycle helmets. The features of a claim cannot be narrowed down based on a…
Michael Tappin QC (sitting as a deputy judge of the High Court)
It is common in English patent litigation for patentees to make an application to amend a patent post grant and in the course of…
Petitioner expert testimony in inter partes review of a surgical tool patent was more credible than patent owner’s expert that a person of ordinary skill in the art would have been motivated to…
