In the recent case of Cephalon v Orchid [2011] EWHC 1591, the UK Court held that three patents relating to the drug modafinil, used to treat sleep disorders such as narcolepsy, were not infringed and…
This is to report on a new tendency in the jurisdiction of the Federal Patent Court to use the prerequisite of enabling disclosure (Art. 83 EPC) as an unpredictable rule of reason for patentability.…
During EPO opposition proceedings, patentees have historically been able to avoid discussing clarity by combining granted claims rather than using the description as basis for amendments. The…
The Court, in infringement proceedings brought by Novartis against Actavis for marketing generic Valsartan, held that the assessment of infringement had to be made as of the time of infringement, not…
The Borgarting Court of Appeal overturned the district court decision which revoked the patents in suit for lack of inventive step. The Court held that even if oxycodone had been known and used to…
AstraZeneca enforced its patent for an asymmetrical synthetic route to obtain esomeprazole in Denmark. The API manufacturer of the allegedly infringing pharmaceutical had developed its own-…
The decision of the Board of Appeal of the European Patent Office which revokes a European patent due to lack of inventive step, is a supra-national legal instrument which can be the object of a…
On 13 June 2001, the Supreme Court published a judgment dated 27 April 2011 by virtue of which the Court rejected an appeal against the judgment of 17 March 2008 from the Barcelona Court of Appeal (…
On 20 June 2011, Floyd J. granted a temporary restraining order preventing restraining Teva UK Limited (and two distribution companies, “Phoenix” and “AAH”) from advertising, offering for sale,…
The patent concerned claims a method of cooling animals characterized in that the animals are cooled in a milking stall so that the animals go to the milking stall spontaneously. The patentee added a…
