The Court of Appeal upheld a decision of the Intellectual Property Enterprise Court that the patent in suit was novel and inventive over the prior art. In construing the numerical ranges of the…
The provision of a crystal form of a polymorphic substance, which the skilled person inevitably obtains if he uses a process suggested by the state of the art for the production of the substance,…
As discussed in our blog of 30 May 2018, the EU Commission has proposed an amendment to Regulation (EC) 469/2009 concerning the supplementary protection certificate for medicinal products ("SPC…
It is often said that 'tomorrow never comes'. Likewise, a recurring theme for some years has been that 'the UPC will start next year'. As 2019 is now well under way, it is time to consider whether…
Gilead Sciences vs Sandoz - Round One
The history of the case started in 2018, where Gilead Sciences Inc., brought preliminary injunctions before the court against several companies. On 7 March 2018…
The court solved the question of inventive step using the problem-solution approach, defining the objective technical problem without including a pointer to the solution of the problem. This, however…
Patent claims relating to a virus-protection software to filter e-mail and electronic files are merely generic computer functions and not covered by a patent-eligible concept, the U.S. Court of…
While the UK is holding its breath ahead of Parliament’s vote on the Brexit deal, many patent specialists think a ‘no deal’ will be a fatal blow for the UK’s ambition to stay in the Unitary Patent…
The Court of Appeal of the Hague confirmed that a technical effect may only be cooroborated by post-filed data if it is sufficiently plausible from the description. Further, extension of the process…
This decision by the FCJ confirms that the cited prior art should, generally, provide concrete suggestions, hints or at least provide other reasons beyond the recognizability of the technical problem…
