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Charlotte Jacobsen (Gibson, Dunn & Crutcher LLP), Filko Prugo, Meredith Foor (Ropes & Gray LLP)
Recent Trends For § 112 Challenges In PGRs
December 06, 2021

In recent years, the Court of Appeals for the Federal Circuit has invalidated or affirmed the invalidity of various biopharma patents under 35 U.S.C. § 112, which requires that a patent specification…

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Miquel Montañá (Clifford Chance)
Draft amendment of Spanish Patent Act aimed at admitting the protection of pharmaceutical substances and compositions via utility models
November 29, 2021

After four years of experience with Spanish Act 24/2015, of 24 July, on Patents (the "new Patent Act"), which came into force on 1 April 2017, the time seems ripe now to update some aspects of the…

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Roya Ghafele (OxViews)
Patented Tobacco Harm Reduction: Is It Only for the Developed World?
November 29, 2021

Although a silent technological revolution is currently taking place in the tobacco industry, there is no publicly available data on patents that read on tobacco harm-reduction technologies. We…

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Kluwer Patent blogger
Austria will most likely trigger start of preparatory phase Unified Patent Court
November 24, 2021

Austria will most likely become the member state which will trigger the start of the preparatory phase of the Unitary Patent project. Last Friday the National Council, one of the chambers of its…

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Anders Valentin (Bugge Valentin)
Recent Danish case law on acquiescence/passivity in patent infringement actions
November 22, 2021

On September 30th, 2021, the Danish High Court (Eastern Division) rendered its decision in a long running patent infringement case. One important element of the case was the question of acquiescence…

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Bart van Wezenbeek (Hoffmann Eitle)
Patent case: Liftra Aps, EPO
November 17, 2021

1. The established approach of applying the due-care criterion to the question of removal of the cause of non-compliance under Rule 136 EPC leads to an additional admissibility requirement, by…

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Daniela Ampollini (Trevisan & Cuonzo)
Everolimus breast cancer use patent considered valid in preliminary injunction proceedings in Italy and then upheld at first instance in the EPO
November 15, 2021

On 9 July 2021, the Court of Milan issued a preliminary injunction (PI) prohibiting a generic company from selling everolimus for use in combination with an aromatase inhibitor in the treatment of…

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Charlotte Jacobsen (Gibson, Dunn & Crutcher LLP), Filko Prugo, Jon Tanaka (Ropes & Gray LLP)
Inconsistent Statements to USPTO and FDA May Render Patents Unenforceable
November 10, 2021

In the course of obtaining regulatory approval for a drug product in the United States, a pharmaceutical company will make numerous representations about its product in submissions to the Food and…

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Boris Malakhov (Lidings)
Russia: New Legal Remedy against PTE and SPC
November 08, 2021

  Photo Close-up shot of pills spilled from plastic can on white created by KostyaKlimenko On 18 October 2021, the Russian IP Court rendered the decision in Geropharm vs. Novo Nordisk. While…

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Adrian Crespo (Clifford Chance)
Patent case: Judgment no. 505/2021 of the Supreme Court (Civil Chamber), dated 7 July 2021, Spain
November 02, 2021

Judgments from the Spanish Supreme Court on patent cases are a rare occurrence. In a recent decision, the Court rules on insufficiency of disclosure, a revocation ground which – once somewhat of a…

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