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Olivier Moussa for
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 for
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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Thorsten Bausch (Hoffmann Eitle)
European Court of Justice Trashes Planned Unified Patent Litigation System
March 08, 2011

The Court of Justice of the European Union (CJEU) has now issued its long awaited Opinion 1/09 on the draft agreement concerning the creation of a unified patent litigation system (UPLS). As is well…

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Brian Cordery (Bristows)
Summary judgment procedure for patent disputes: Court of Appeal overturns Patent Court’s decision in Virgin v Delta
March 08, 2011

Summary judgment decisions are unusual in patent cases in the UK. The court will generally only be prepared to determine a claim for patent infringement in very clear cases which do not require oral…

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Thorsten Bausch (Hoffmann Eitle)
Two Steps Forward and One Back – The Latest Amendments Decided by the Administrative Council of the EPO
March 08, 2011

With the recent decisions of the EPO Administrative Council CA/D 2/10 and CA/D 12/10 of 26 October 2010, the provisions originally intended to expedite the examination proceedings before the EPO and…

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EU parliament
Miquel Montañá (Clifford Chance)
May the "basic" patent be limited under Article 138.3 of the EPC when the validity of SPC is questioned?
March 04, 2011

On 13 December 2007, the last amendment of the European Patent convention ("EPC") came into force. Among other aspects, the amendment introduced a new paragraph (paragraph 3) in Article 138 of the…

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Daniela Ampollini (Trevisan & Cuonzo)
Short update on the Antitrust case against Pfizer
March 01, 2011

As many readers of this blog already know, last October the Italian Antitrust Authority (Autorità garante della concorrenza e del mercato - AGCM), following a complaint filed by Ratiopharm, started…

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Thomas Musmann (Rospatt Osten Pross)
Third Party Intervention – A Multiplier for the Risk of Litigation
February 25, 2011

Germany is still busy handling its first big wave of patent troll litigation. At this stage it seems that some trolls may have underestimated the power of bulk defence. In a case concerning mobile…

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