Petitioner expert testimony in inter partes review of a surgical tool patent was more credible than patent owner’s expert that a person of ordinary skill in the art would have been motivated to…
The Board incorrectly interpreted Section 311(b)’s “prior art consisting of patents or printed publications” to encompass applicant admitted prior art, but such art may be relevant as an admission…
In this decision of the Patents Court, Meade J dismissed an infringement claim brought by Promptu against Sky, on grounds that Promptu’s patent lacked inventive step. The decision is interesting as…
A change in the composition of the Examining Division is legally allowed. This does not jeopardize the right to be heard and to a fair trial.
The ‘equality of arms’ is not hampered by the…
The Barcelona Court of Appeal (Section 15) overturned a first instance decision, making an interesting finding on the application of the "problem-solution approach": if the revocation claimant…
As reported in last week’s post, on 20 January 2021 Birss J handed down what may be his last first instance decision before his elevation to the Court of Appeal. The first post on the judgment…
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…
On 4 December 2020, the English Patents Court handed down its decision in Neurim Pharmaceuticals (1991) Limited & Flynn Pharma Limited v Generics UK Limited (t/a Mylan) & Mylan UK Healthcare Limited,…
On 15 October 2020 Meade J. handed down his first ever written judgment in his new role as a Judge of the High Court in MSD v Wyeth. The neutral citation for the case is [2020] EWHC 2636 (Pat) and a…