A new trial was granted so a manufacturer accused of infringing the patent can challenge its validity by presenting additional obviousness theories that the district court should not have disallowed…
The Court concluded that the compound darunavir was not protected by a patent within the sense of Art. 3 of the SPC directive because, following the CJEU decision in Teva v Gilead, it is necessary…
The Higher Regional Court of Vienna confirmed that the "second medical use" of an already known substance, as required for patent protection, can be that the substance is used for a specific group of…
Only two thirds of EPO staff are proud to work at the European Patent Office. Four in ten say they face substantial obstacles to doing their job well. They have a very negative view of management…
The decision of the Administrative Council of the EPO to refer to the Enlarged Board of Appeal (EBA) decision T 1063/18 on the patentability of plants obtained by essentially biological processes has…
by Elizabeth McAuliffe
At a Form of Order hearing on 18 March 2019, Henry Carr J gave a high level ex tempore decision in TQ Delta LLC v ZyXEL Communications Limited et al to grant an injunction,…
The high-profile issue whether plants obtained by essentially biological processes can be patented will be referred to the Enlarged Board of Appeal (EBA) of the EPO.
This has been decided during the…
Asia-based innovators filed more than half of all international patent applications via WIPO for the first time in 2018. There was a significant growth from China, India and the Republic of Korea.…
The UK Supreme Court today handed down its decision in Actavis v ICOS. The decision was unanimous, with Lord Hodge giving the only judgment. The case concerns two principal questions. First, how…
The Supreme Court held that the mandatory arbitration court provided for litigation between patent holders and applicants for generic medicines does not have jurisdiction to decide, inter partes and…
