On 1 June 2021, the Amended Patent Law took effect and introduced patent term extension ("PTE") and patent linkage ("PL"), which are closely related to the pharmaceutical industry. The legislative…
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…
As many readers will already know, two new full-time Patents Judges have been appointed to the English Court in the last 9 months – Meade and Mellor JJ. Despite the challenges that the global…
The German Bundestag has adopted amendments to the German Patent Act. The changes introduce (i) a codified proportionality defense to injunctions in patent infringement proceedings, (ii) new…
On Wednesday 16 June 2021, Mr Justice Mellor handed down his judgment in the second technical trial in the Mitsubishi & Sisvel v OnePlus & Xiaomi proceedings ([2021] EWHC 1639 (Pat)), holding that…
As any aficionado of American legal history will be well aware, Judge Holmes, the third most cited American legal scholar of the 20th century, was nicknamed "the Great Dissenter." This was a tribute…
Introduction
A key mechanism in patent litigation and specifically for generics is the concept of “launch at risk”. In short the concept means that a product is launched prior to the expiry of a…
A reminder of the good old days, when many things were still normal...
I. Nemo Iudex
Once upon a time, the "nemo iudex" principle was a fundamental cornerstone of EPO Board Appeal proceedings, even…