Prior art

In less than 15 days, the Enlarged Board of Appeals (“EBA”) handed down two major decisions in relation to patent validity: (i) one relating to claim construction when assessing the patentability of…

When interpreting a patent claim, the person skilled in the art does not apply a philological understanding, but rather determines the technical meaning of the terms used with the aid of the…

Substantial evidence supported a Patent Trial and Appeal Board (PTAB) decision finding the challenged claims were obvious. A PTAB decision finding that Sony Interactive Entertainment had shown that a…

On 18 July 2023, the Court of Appeal handed down its judgment in Vernacare Limited v Moulded Fibre Products Limited [2023] EWCA Civ 841, an appeal from the decision of Nicholas Caddick QC (sitting as…

The combination of two well-known high blood pressure medicines did not result in unexpected patient benefits. The U.S. Court of Appeals for the Federal Circuit has upheld a decision by the Patent…

His Honour Judge Hacon handed down judgment in AutoStore v Ocado on 30 March 2023.  The case was atypical in that it had a split trial: the first part of the trial considered whether AutoStore’s…

Nokia v Oppo [2023] EWHC 23 (Pat) In a new development in the global dispute between Nokia and Oppo that spans seven jurisdictions across Europe and Asia, Mr Justice Meade of the English Patents…

It has long been held that a prior art disclosure of a chemical compound would disclose this chemical compound in all grades of purity and that novelty could only be achieved if the claimed level of…

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…