Case Law

by Pat Treacy, Sophie Lawrance, Francion Brooks and Helena Connors Yesterday, the Court of Appeal handed down its highly anticipated appeal judgment in Unwired Planet v Huawei. The unanimous judgment…

Supplementary protection certificates (SPCs) used to be granted in the European Union only for novel active ingredients, but not for new therapeutic applications of previously authorized active…

T0969/14 is the latest in a long line of decisions which make it clear that the EPO Boards of appeal will not accept late filed requests which could have been filed in first instance proceedings,…

The Federal Court of Justice confirmed that the value of the matter in dispute can be amended on appeal, including retroactively for the first instance, if new facts are divulged that command such an…

Concluding that the asserted claims of patents relating to dosing and administration of the drug Copaxone used to treat multiple sclerosis are obvious, the U.S. Court of Appeals the Federal Circuit…

On 10 October 2018 the Court of Appeal handed down its judgment in the matter of Icescape Limited v Ice-World International BV & Ors*. Three discrete issues were considered by the Court and, although…

In China, a patent owner’s statements made during prosecution or invalidation may give rise to prosecution history estoppel (or prosecution disclaimer), which precludes the patent owner from…

This decision by the FCJ confirms that the cited prior art should, generally, provide concrete suggestions, hints or at least provide other reasons beyond the recognizability of the technical problem…

The Federal Court of Justice held that the purpose of determining the technical problem (objective) in invalidity proceedings is to locate the starting point of skilled efforts to enrich the state of…