In China, a patent owner’s statements made during prosecution or invalidation may give rise to prosecution history estoppel (or prosecution disclaimer), which precludes the patent owner from…
A Markush claim is a type of claim commonly used in chemical and pharmaceutical fields. On December 20, 2017, in Beijing Winsunny Harmony Science & Technology Co., Ltd. v. Daiichi Sankyo Co., Ltd, (…
On 12 July 2017, the UK Supreme Court handed down a ruling which caused a shockwave to resound across the UK patent community. For more than a decade, when addressing the issue of the construction…
Yesterday, 25 April 2018, AG Wathelet has handed down his opinion in the Teva v Gilead reference (Case C-121/17) suggesting that the question should be answered as follows:
“The fact that a substance…
There has been much excitement and comment amongst the UK patent profession following the Supreme Court’s decision in Actavis v Eli Lilly [2017] UKSC 48 (see previous comment here) on patent claim…
On 24 November 2016, the Court of Appeal of Barcelona (Section 15) handed down a judgment in which it confirmed that "the interpretation of the scope of protection of a patent for the purposes of…
The Productivity Commission released its final report into Australia’s IP arrangements in December 2016 (covered in our post earlier this year, ‘IP Rights vs IP Wrongs’). Now, the Australian…
By Gregory Bacon
Yes, you read that right. Thirteen years after the House of Lords had firmly shut the door on any notion of a doctrine extending the scope of patent protection outside the claims,…
ECC’s patent strategy not Swiss courts' cup of tea
Ethical Coffee Company (ECC) and different entities of the Nestlé group of companies have been involved in many legal disputes in various…
