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Brian Cordery (Bristows)
TQ Delta Injunction
April 05, 2019

by Elizabeth McAuliffe At a Form of Order hearing on 18 March 2019, Henry Carr J gave a high level ex tempore decision in TQ Delta LLC v ZyXEL Communications Limited et al to grant an injunction,…

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Kluwer Patent blogger
Patentability of plants: EPO refers decision T1063/18 to Enlarged Board of Appeal
March 29, 2019

The high-profile issue whether plants obtained by essentially biological processes can be patented will be referred to the Enlarged Board of Appeal (EBA) of the EPO. This has been decided during the…

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Kluwer Patent blogger
Record number of international patent applications via WIPO in 2018
March 27, 2019

Asia-based innovators filed more than half of all international patent applications via WIPO for the first time in 2018. There was a significant growth from China, India and the Republic of Korea.…

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Brian Cordery, Claire Phipps-Jones (Bristows)
The Supreme Court decision in Actavis v ICOS
March 27, 2019

The UK Supreme Court today handed down its decision in Actavis v ICOS. The decision was unanimous, with Lord Hodge giving the only judgment. The case concerns two principal questions. First, how…

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Alexandre L. Dias Pereira (University of Coimbra)
Patent case: No inter partes patent invalidity in arbitration, Portugal
March 23, 2019

The Supreme Court held that the mandatory arbitration court provided for litigation between patent holders and applicants for generic medicines does not have jurisdiction to decide, inter partes and…

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Brian Cordery, Laura Reynolds (Bristows)
CJEU takes a restrictive approach to the grant of SPCs for new formulations of old active ingredients but uncertainty remains
March 22, 2019

In a post yesterday our colleagues at Vossius commented on the CJEU’s decision, which had just been handed down in Abraxis*. As Vossius have explained, although the decision appears to give clarity…

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Thorsten Bausch (Hoffmann Eitle)
Patent case: Heizkessel, Germany
March 22, 2019

A nullity action is still admissible after expiration of the patent if it provides the nullity plaintiff, who had been unsuccessful as defendant in infringement proceedings, the possibility of…

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Oswin Ridderbusch, Alexa von Uexküll (Vossius & Partner)
CJEU bids farewell to SPCs for new formulations of old drugs
March 21, 2019

The eagerly-awaited judgment of the Court of Justice of the European Union (CJEU) in the SPC referral Abraxis Bioscience (C-443/17) has been handed down today. In the case underlying this referral,…

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Thomas Long (Wolters Kluwer Legal & Regulatory US)
Patent case: Natural Alternatives International Inc. v. Creative Compounds LLC, USA
March 21, 2019

Claims for methods of administering beta-alanine to increase muscles’ working capacity were valid treatment claims, not merely directed to natural laws. Claims for the supplement products and means…

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Kluwer Patent blogger
Italy completes legal preparations for Unitary Patent system
March 20, 2019

In Italy, legislation to adapt the patent system to the Unitary Patent will enter into force on 27 March 2019. This means legislative preparations in Italy for the start of the UP and UPC have been…

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