The Higher Regional Court of Vienna confirmed the three-factor Bicalutamid/Schneidmesser Test, holding that a variant is equivalent to an invention for the purposes of infringement if the following…
On 16 January 2019, the District Court of The Hague ruled that the Dutch part of Eli Lilly and Company's patent EP 1 313 508 is valid. The judgment was handed down in an invalidation action brought…
Over the past few years the pan-European and parallel national patent litigation based on Eli Lilly’s pemetrexed patent has attracted considerable attention, as it has resulted in a number of diverse…
I hope that all the readers of the Kluwer Patent Blog enjoyed a good start into a joyful, healthy and successful 2018. At the beginning of the new year it seems to be the right point in time to look…
In paragraph 54 of its judgment of 12 July 2017, the UK Supreme Court wrote that "[…] notwithstanding what Lord Diplock said in Catnic [1982] RPC 183, 242, a problem of infringement is best…
By Gregory Bacon
Yes, you read that right. Thirteen years after the House of Lords had firmly shut the door on any notion of a doctrine extending the scope of patent protection outside the claims,…
By Gregory Bacon
The UK Supreme Court announced this morning that it has allowed Eli Lilly's appeal and held that Actavis' pemetrexed products directly infringe Lilly's European patent to pemetrexed…
The Fordham IP Conference in New York is celebrating its 25th anniversary this year. As the conference heads into its second quarter-century, the programme and faculty are as impressive as ever.…
by Nicholas Round
At the start of this month, the UK Supreme Court took a break from its recent post-Brexit work interpreting (and developing) constitutional principles to hear an intellectual…
The High Court has granted the Claimants’ request for declarations of non-infringement ("DNIs") regarding several national designations of the Defendant’s European Patent for a pemetrexed disodium…
