The Hatch-Waxman Act allows the FDA to permit a generic version of a branded product, which is partially patent protected, to come to market if the generic manufacturer “carves out” the patent-…
28 U.S.C § 1498 (a) (Governmental Use)
The United States (U.S.) does not have any provisions for a compulsory license. The closest provision that it does have to the licensing of medicines and…
The Unified Patent Court will open its doors for cases around mid-2022. That is the expectation of the UPC Preparatory Committee, which has published a time plan for the Provisional Application…
In Omni MedSci, Inc. v. Apple Inc., ___ F.4th ___, Nos. 2020-1715, -1716 (Fed. Cir. Aug. 2, 2021), the U.S. Court of Appeals for the Federal Circuit held that the University of Michigan’s technology…
Legal basis
The legal basis for compulsory licenses can be found under the Indian Patent Act, 1970 (Indian Patent Act), Chapter XVI, read with Indian Patent Rules, 2003 (Indian Patent Rules).…
The legislation which enables Germany to ratify the Unified Patent Court Agreement has entered into force. It was published in the Federal Law Gazette on Thursday 12 August 2021 and came into force a…
In an Iberian validity dispute pitching a Spanish generics manufacturer against Portugal's national pharmaceutical champion Bial Portela, the busy and influential Barcelona Commercial Court No. 5…
The German Federal Court of Justice (FCJ) confirmed that for setting the value in dispute of nullity actions on standard essential patents (SEPs) the well-established general rule applies, i.e. in…
Although the grounds of the decision under R. 111(2) EPC do not have to deal in detail with all the arguments of the parties, at least the key points of discussion must be addressed. The grounds must…
In this decision of the Patents Court, Meade J dismissed an infringement claim brought by Promptu against Sky, on grounds that Promptu’s patent lacked inventive step. The decision is interesting as…
