Customs actions based on the EC Regulation No 1383/2003 are a very effective tool. Also patentees can file an application for border seizure with the national customs authorities to prohibit…
On 10 March, the Court of Justice of the European Union (“CJEU”) issued its long-awaited opinion on the patentability of human embryonic stem cells in Brüstle v Greenpeace C-34/10.
Biotechnological…
The Court of Justice of the European Union (CJEU) has now issued its long awaited Opinion 1/09 on the draft agreement concerning the creation of a unified patent litigation system (UPLS). As is well…
The pan-generational failure to agree a system enabling unitary patent protection among the countries of the EPC and/or EU is well known among innovators, patent attorneys and lawyers alike.…
It is trite that in most jurisdictions, the grant of a patent is only a negative right, in that it does not give the patentee the right to work the invention, merely to prevent others from doing so…
The Court of Justice of the European Union (“CJEU”) has been asked to consider whether the draft agreement for the proposed European Patent Litigation System is compatible with the European Union…
The General Court upheld, for the most part, the decision of the European Commission in AstraZeneca. The Court held that AstraZeneca infringed Article 82 EC (prohibition of abuse of a dominant market…
The European Court of Justice held that Article 9 of the Biotech Directive (98/44/EC) does not confer patent protection to genetic information that does not (anymore) perform its function for which…
In May 2010, in HTC Corporation v Yozmot 33 Ltd [2010] EWHC 1057 (Pat), the English High Court (Arnold J.) confirmed that it is in principle legitimate for a party to seek a judgment of the English…
The grant of supplementary protection certificates (SPCs) has been the subject of numerous recent cases in Europe. In the UK, the latest development in Neurim Pharmaceuticals (1991) Limited v.…
