The English High Court has recently ruled on the appropriateness of staying validity and infringement proceedings pending a Technical Board of Appeal (“TBA”) decision of the European Patent Office (“…
The general rule in UK litigation is that the successful party is entitled to its costs. One exception to this rule, peculiar to patent cases, is a so-called 'Earth Closet' order. If an alleged…
The UK Supreme Court overturned the decision of the High Court and the Court of Appeal that HGS's patent directed towards Neutrokine, a new protein and member of the ligand superfamily, lacked…
We revisit this case, not this time regarding the question of what constitutes the ‘making’ of an invention as resolved by the Court of Appeal in March 2011, but with regards to the question of costs…
On 8 November 2011, in the case of Fresenius v Carefusion, the English Court of Appeal declared that “the Earth Closet order should be consigned to the place that bears its name.”
The “Earth Closet”…
The smartphone forum wars still show no sign of abating with another application for an expedited patent revocation action before the English Court (ZTE v Ericsson [2011] EWHC 2709 (Pat)), following…
The English High Court has refused to grant summary judgment to LG Electronics in relation to validity of certain patents, holding that, due to the uncertainty of the legal issue concerning the…
The smartphone wars appear to be continuing unabated in much of the developed world. In July 2011, Apple commenced infringement proceedings against HTC in Germany in respect of three patents (two in…
As previously report on this blog (29 June 2011), on 20 June 2011 Floyd J. granted an ex parte interim injunction, sometimes called a “temporary restraining order” preventing Teva UK Limited (and two…
The UK Court held that three of Cephalon's patents relating to the drug modafinil, used to treat sleep disorders such as narcolepsy, were not infringed and were invalid for lack of inventive step.…
