On 20 January 2021 Birss J handed down what may be his last first instance decision before he takes his place in the Court of Appeal. If that turns out to the case then Illumina Cambridge Limited v…
Mishan (T/A Emson) v Hozelock & Ors [2020] EWCA Civ 871
Since Arnold LJ’s elevation to the Court of Appeal in 2019, he and Floyd LJ have heard about 11 cases together, spanning a mixture of areas of…
On Friday 13 March 2020, Birss J handed down a pair of judgments in the litigation between Evalve (a member of the Abbott group of companies) and Edwards Lifesciences, a veteran of UK patent…
A further interesting decision handed down by the Judges of the English Patents Court prior to the Easter break was a judgment from Nugee J concerning proceedings between E. Mishan and Hozelock…
Last year, Actavis, Teva and Mylan (“Actavis”) sought revocation in the English Patents Court of two patents relating to tadalafil, which is sold by Eli Lilly (“Lilly”) as the active ingredient in…
The Finnish Supreme Court held that the reversal of the burden of proof stipulated in Article 34 TRIPs as implemented in the Finnish Patent Act does not per se require a party to disclose its…
One area where the practice of the EPO and the German Federal Court of Justice (FCJ) could not be further apart was the assessment of added matter. While the FCJ traditionally had been very lenient…
The Board of Appeal rejected an attempt to apply the fiction of novelty of “medical” substances and compositions of article 54(5) EPC to a dialysis membrane. Contrary to T2003/08 the claimed dialysis…
The Bulgarian Patent Office refused to issue a supplementary protection certificate for a medical product comprising three components as one of them was not within the scope of protection of the…
