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Brian Cordery  (Bristows)
EU Opines on the patentability of human embryonic stem cells
March 28, 2011

On 10 March, the Court of Justice of the European Union (“CJEU”) issued its long-awaited opinion on the patentability of human embryonic stem cells in Brüstle v Greenpeace C-34/10. Biotechnological…

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Pierre Véron  (Véron & Associés)
No saisie-contrefaçon after the expiry of the intellectual property right?
March 26, 2011

Daiichi Sankyo (hereinafter referred to as "Daiichi") was the holder, for a drug whose active principle was pravastatine, of a supplementary protection certificate (SPC) granted on 26 August…

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Anders Valentin  (Bugge Valentin)
More on escitalopram PI cases in Denmark
March 25, 2011

As reported in teh blog on 9 March, 2011, ratiopharm has managed on appeal to the High Court to overturn the first instance decision to grant a PI against ratiopharm which had initiated its own…

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Miquel Montañá  (Clifford Chance)
Are second thoughts usually better? Just in case, invoke all your nullity grounds in one go
March 18, 2011

On 2 March 2011 the Barcelona Court of Appeal handed down a judgment reversing a decision from Commercial Court number 4 of Barcelona, which had rejected a "lis pendens" defence pleaded by the owner…

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Hetti Hilge  (Rospatt Osten Pross )
Does the exposition of a product on a trade fair constitute a patent infringing act?
March 14, 2011

While in the past the German courts generally presumed that exposing a product on a trade fair constituted an infringing offer and, hence, a danger of repetition, the District Court of Mannheim…

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Simon Holzer  (MLL Legal Ltd.)
A Swiss perspective of the European Court of Justice’s Opinion of 8 March 2011
March 12, 2011

As we all know, with its opinion of 8 March 2011, the European Court of Justice (ECJ) opined that the envisaged Unified Patent Litigation System (UPLS) is not compatible with the law of the European…

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Olivier Moussa
Actavis v. Merck, Court of First Instance Paris (Tribunal de Grande Instance Paris), 28 September 2010
March 11, 2011

In a judgment issued on September 28, 2010, the Court of First Instance of Paris held that a dosage regime is effectively a method of treatment and is, as such, excluded from patentability in view of…

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Pierre Véron  (Véron & Associés)
Subject-matter and effects of the protection of a SPC - Novartis v. Actavis (valsartan)
March 11, 2011

The company governed by the laws of Switzerland, Novartis AG, is the holder of patent EP 0 443 983 entitled “Acyl compounds”, whose subject-matter is a group of antihypertensive…

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Sam Tuxford
Dr Reddy's and Eli Lilly - CoA re. costs, Court of Appeal Civil Division (Court of Appeal of England and Wales, Civil Division), 18 December 2009
March 11, 2011

If a party decides to participate in another party's challenge to a patent so it may share in the benefits of a victory, it may well be ordered to share the costs burden of losing. Actavis was…

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Anders Valentin  (Bugge Valentin)
Escitalopram litigation - current status in Denmark
March 09, 2011

The Danish patentee H. Lundbeck A/S has during the past few years enforced its patent rights to the active pharmaceutical ingredient Escitalopram in several jurisdictions as also reported in several…

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