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Brian Cordery, Eden Winlow (Bristows)
Getting a (further) telehandle on the issue of obviousness – Bamford v Manitou in the English Court of Appeal
April 04, 2024

Introduction It is common for parties to English patent litigation to settle their differences after the first instance judgment on the merits from the Court.  This is for several reasons including…

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Brian Cordery (Bristows)
The Role of Scientific Advisers in the English Patents Court
March 14, 2024

A short but nevertheless interesting judgment was handed down last week on the different roles that technical experts on the one hand and scientific advisers on the other have to play in proceedings…

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Brian Cordery (Bristows)
Cladribine SPC – a Potential Dilemma for the English Court of Appeal?
February 12, 2024

It took longer to arrive than expected but here it is.   The UK Courts have been given an opportunity to depart from the jurisprudence of the CJEU in their interpretation of the SPC Regulation. The…

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Katie Cambrook (Bristows)
UK - Merck seeks SPC relying on the law as set out in Neurim
January 24, 2024

Question: I applied for my SPC in reliance on the law as set out in Neurim[1], following Santen[2] can I still obtain my SPC? Answer: No, according to the English High Court[3]. In 2018, i.e. before…

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Rebekka Thomas (Bristows)
Court of Appeal considers unjustified threats provisions in the context of Amazon’s IPR policy
January 23, 2024

On 19 December 2023, the Court of Appeal handed down its decision in The NOCO Company v Shenzhen Carku Technology Co., Ltd  [2023] EWCA Civ 1502. The issue on appeal was whether communications…

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Eden Winlow (Bristows)
The End of the Road for DABUS and Dr Thaler at the UK Supreme Court
January 16, 2024

On 20 December 2023, the UK Supreme Court handed down its highly anticipated judgment in the case of Thaler v Comptroller-General of Patents, Designs and Trademarks [2023] UKSC 49, unanimously ruling…

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Ivo Emanuilov (KU Leuven Centre for IT & IP Law)
Emotionally Yours: On Artificial Neural Networks as Programs for Computers under UK Patent Law
December 08, 2023

The facts of the case On 21 November 2023, Sir Anthony Mann of the London High Court handed down a judgment in the case of Emotional Perception AI Ltd v Comptroller-General of Patents, Designs and…

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Alina Trapova (University College London)
Call for Papers – IP PhD conference by the Institute of Brand and Innovation Law (University College London)
November 24, 2023

 Many of us who have done a PhD, remember that time around the beginning of the second year when anxiety and insecurity start substituting the passion and enthusiasm. We all needed a safe space…

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Chloe Dickson (Bristows)
Philip Morris v Nicoventures – e-cigarettes light up the doctrine of equivalents and Arrow declarations
November 14, 2023

On 25 October 2023, HHJ Hacon (sitting as a High Court Judge), rendered his judgment in Philip Morris v Nicoventures[1].  The Claimants (“PMI”) sought revocation of EP (UK) No. 3 367 830 B1 (“EP 830…

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David Hemming (Bristows)
Mirabegron’s food effect sufficiently fixed by new formulation - Astellas v Teva and Sandoz
November 03, 2023

A hefty judgment was recently handed down by Mellor J concerning a patent for a modified release formulation of mirabegron. The patent was held to be valid and not infringed by Sandoz, while…

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