On 21 October 2016, the Federal Court of Australia handed down its judgment in the case of Apotex Pty Ltd v Warner-Lambert Company LLC (No 2) [2016] FCA 1238 (FCA Judgment). Justice John Nicholas…
The unicameral parliament of Lithuania has adopted two laws concerning the future Unitary Patent system.
A bill on ratification of the UPC Agreement and a bill on the establishment of a Nordic-Baltic…
In my latest Kluwer post I wrote about the confusion caused by the most recent decision of the Swiss Federal Supreme Court concerning the doctrine of equivalence.
This confusion seems to have…
An EPO board of appeal decided that it had the discretion to admit a late filed document, even though the opposition division had exercised its discretion not to admit the document. In this respect…
The Patent Trial and Appeal Board properly found during inter partes review (IPR) that two claims of a patent directed to a mechanism for controlling the operation of a downhole drill string were…
An invention is considered to involve an inventive step pursuant to Sec 1 Para 1 of the Austrian Patent Act (which corresponds to Art 56 EPC) if it is obvious to the skilled person based on prior art…
In the middle of the turmoil caused by Brexit and the US elections tiny Switzerland (apropos, a country with an old democracy and some experience in implementing problematic election results as well…
Introduction by Brian Cordery and Rik Lambers
"As many readers will know, the English High Court ruled on a legal challenge as to whether the government could trigger Article 50 of the Lisbon Treaty…
by Steven Willis
Yesterday, the Court of Appeal handed down its decision in Idenix v Gilead [2016] EWCA Civ 1089, a dispute involving SOVALDI® (sofosbuvir), which is sold by Gilead as a treatment for…
1. History
One of the most precious achievements that Europe inherited from England is the so-called Rule of Law, dating back from the days of James I who ruled the union of the Scottish and English…
