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Claire Phipps-Jones  (Bristows) , Melissa Dix  (Bristows)
“Damned if you do and damned if you don’t”? – Ex parte PIs at the UPC: how effective are protective letters?
July 18, 2024

In June 2023, the UPC – at the Düsseldorf Local Division – granted its first ex parte provisional injunction (“PI”) in myStromer AG v Revolt Zycling AG (“myStromer v Revolt”), despite the defendant…

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Kirill Osipov  (ARS-Patent)
Divisional From Divisional Issue – New Insight From Russia. Part II
July 17, 2024

This post is continuation to the previous one published on October 27, 2023 and available  here. Although the approach may still be reconsidered by the Presidium of the Russian Supreme Court, the…

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Charlie French  (Bristows)
“This may hurt a bit…” - Moderna paves the way for COVID-19 vaccine damages claim against Pfizer and BioNTech in the UK
July 12, 2024

Moderna secured a double victory in the Patents Court last week (2 July 2024) in proceedings against Pfizer and BioNTech.  In the first decision, Meade J found its modified mRNA patent to be valid…

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Hannah Rigby  (Bristows)
Lessons in expert selection
July 09, 2024

In his Abbott v Dexcom ([2024] EWHC 1664 (Pat)) judgment, published on 28 June 2024, Mr Justice Mellor was faced with the rather unenviable task of determining the approach of the Skilled Team when “…

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Roberto Rodrigues Pinho  (RNA Law)
Brazil: third party participation in patent examination
July 08, 2024

Prepared by Rob Rodrigues and Luiza Cotia The recent publication of the pharma tech-transfer guidelines (PDPs or partnership for productive developments) is bringing an interest for companies to…

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Mami Hino  (Abe, Ikubo & Katayama)
Japan’s first case regarding compulsory license based on public interest is finally settled
July 05, 2024

On May 30, 2024, the JPO announced that the request for a decision of granting a compulsory non-exclusive license based on public interest under Article 93 of the Patent Act, which was filed by…

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Claire Phipps-Jones  (Bristows)
UEFA v Ballino – PI Refusal Reasons Now Published
July 05, 2024

The reasons for the decision are now available in the case of Ballino v UEFA and others, following an oral hearing on 3rd of June 2004 in the Hamburg local division. As was previously known, the…

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Eden Winlow  (Bristows)
First ever permanent injunction at the UPC as the Düsseldorf Local Division issues its final decision in Franz Kaldewei v Bette
July 03, 2024

In a decision issued today, the Düsseldorf Local Division has ordered the first ever permanent injunction at the UPC following a hearing on 16 May 2024. The injunction covers seven UPC member states…

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Claire Phipps-Jones  (Bristows)
The Future of UK PIs - Cyanamid, Skat and injunction creep
July 02, 2024

The recent rivaroxaban PI cases may have caused you to ask yourself whether the American Cynamid principles for determining whether or not to grant preliminary injunctive relief in the UK are dead or…

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Adam Lacy  (Hoffmann Eitle) , Thorsten Bausch  (Hoffmann Eitle)
Breaking news: Referral on claim interpretation at the EPO
July 02, 2024

  Following months of speculation, EPO Board of Appeal 3.2.01 yesterday issued decision T 439/22 referring questions to the Enlarged Board of Appeal on the extent to which the description and…

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