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Brian Cordery  (Bristows)
A return to pith and marrow? The UK Supreme Court comes full circle
July 13, 2017

By Gregory Bacon Yes, you read that right. Thirteen years after the House of Lords had firmly shut the door on any notion of a doctrine extending the scope of patent protection outside the claims,…

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Miquel Montañá  (Clifford Chance)
Alimta® - The Spanish angle: English Supreme Court clarifies Spanish doctrine of equivalents
July 12, 2017

When this author published his blog of 27 June 2017, a reader kindly sent in a comment pointing out that as this author had not inserted the word "Spanish" before "Supreme Court", and the blog was…

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Nicolaj Bording  (Kromann Reumert) , Nicolai Lindgreen  (Kromann Reumert)
Denmark: Coloplast A/S obtains preliminary injunction against MBH-International A/S and its Danish distributor OneMed A/S
July 12, 2017

On 30 June 2017, the Danish Maritime and Commercial High Court issued a preliminary injunction against MBH-International A/S' and its Danish distributor's, OneMed A/S, import, offer for sale and sale…

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Miquel Montañá  (Clifford Chance)
Spanish Supreme Court clarifies requirements for the publication of judgments
July 11, 2017

One of the remedies established in case of patent infringement in the Spanish Patents Act that was in force until 31 March 2017 was "the publication of the judgment finding against the infringer of…

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Kluwer Patent blogger
Unified Patent Court: progress and practical issues concerning the opt-out process
July 11, 2017

Preparations for the launch of the Unitary Patent system are progressing, despite the uncertainties and delays in the ratification process in Germany and the UK. The Case Management System (CMS) of…

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Laura von Herzen  (Bristows )
United Kingdom : FKB v Abbvie, Court of Appeal of England and Wales, Civil Division, A3 2016 1199A3 2016 3772, 12 January 2017
July 07, 2017

The Court of Appeal (Floyd LJ, Kitchin LJ and Longmore LJ) held that there was no issue of principle which prevented the courts from exercising their discretion to grant declarations of the type…

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Brian Cordery  (Bristows)
Breaking news: UK Supreme Court decision on pemetrexed - Eli Lilly’s patent held to be directly and indirectly infringed
July 07, 2017

By Gregory Bacon The UK Supreme Court announced this morning that it has allowed Eli Lilly's appeal and held that Actavis' pemetrexed products directly infringe Lilly's European patent to pemetrexed…

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Peter Ling , Peter Ling  (Lenz & Staehelin)
Switzerland: Bombardier v. Stadler, Federal Supreme Court of Switzerland, 1st Civil Law Chamber, 4A_427/2016, 28 November 2016
July 06, 2017

Public prior use when a third party discloses all features of the patent-in-suit before the priority date to the alleged infringer, without concluding a non-disclosure agreement with the alleged…

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Kluwer Patent blogger
Search for successor of EPO president Benoît Battistelli has started
July 06, 2017

The search for a successor of Benoît Battistelli as president of the European Patent Organisation has started in full with the publication of a vacancy notice on the EPO website. It is obvious from…

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Alexandre L. Dias Pereira , Alexandre L. Dias Pereira  (University of Coimbra)
Portugal: The Court of Intellectual Property has exclusive jurisdiction to revoke patents, Supreme Court of Justice of Portugal, 1248/14.6YRLSB.S1, 14 December 2016
July 05, 2017

The Court of Intellectual Property has exclusive jurisdiction to revoke patents. The mandatory arbitration court established by Law 62/2011 cannot declare the nullity of a pharmaceutical patent even…

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