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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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Thorsten Bausch (Hoffmann Eitle)
In the aftermath of G 1/21: The Future of Video Proceedings in the EPO
November 01, 2021

The Enlarged Board of Appeal has now issued its long-awaited full decision in case G 1/21. Readers can access it here. The decision deserves a few comments. The Enlarged Board's advance publication…

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Kluwer Patent blogger
Member States will sign Declaration to clear way for preparatory phase Unified Patent Court
October 28, 2021

Even though the United Kingdom is expressly mentioned in the Protocol for Provisional Application (PPA) of the Unified Patent Court Agreement as one of the states that has to give its support to the…

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Miquel Montañá (Clifford Chance)
Spanish Supreme Court clarifies the bar for sufficiency of disclosure
October 28, 2021

A judgment of 7 July 2021 from the Spanish Supreme Court has been published, which, as discussed below, following the case law from the EPO's Boards of Appeal, introduces certain guidelines for…

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Naho Ebata, Mami Hino (Abe, Ikubo & Katayama)
Japan: MSD v Wyeth - The IP High Court upholds the validity of patent claims, finding inventive step in the functional limitation therein
October 28, 2021

In Japanese patent litigation, calling expert witnesses is very rare and the parties usually try to prove common technical knowledge (CGK) by submitting documentary evidence, such as publications…

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Sophie Britton (Bristows)
AIPPI Panel Session 10: Anti-suit & anti-anti-suit injunctions
October 27, 2021

This short post reports on one of the Panel Sessions at this year’s AIPPI Congress which took place virtually for the second year in a row.The tenth panel session of the AIPPI Online World Congress…

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Florence Plisner (Bristows)
The English High Court applies German law on EPC 2000 claims in Royalty Pharma v Boehringer
October 26, 2021

On 8 October 2021, His Honour Judge Hacon (sitting as a Judge of the High Court) handed down his decision in an action brought by Royalty Pharma Collection Trust (“Royalty Pharma”) for approximately…

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