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…
The long and winding road, as The Beatles would put it, that led to the judgments of the CJEU in Teva et altri v. Gilead Sciences (Case C-121/17) and Royalty Pharma v. Deutsches Patent und Markenamt …
The European Patent Office has invited its users and stakeholders to take position on the first draft of its „Towards a new normal“ orientation document.
My experience with such public consultations…
At a time when a bill aiming at granting a compulsory license in the interest of public health in case of extreme sanitary emergency has just been filed in the French Senate on April 8, 2021[1], the…
I can imagine what the reader might think when reading these few lines: another text on artificial intelligence (“AI”) and the Patent Law! (With perhaps: the author is obsessed with the Daft Punk…
On 28 December 2020, the Barcelona Court of Appeal (Section 15), one of Spain's most experienced courts on patent matters, handed down a judgment which is interesting from a wide array of…
