Patents

Latest

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  • Case update: Generics (Mylan) v Yeda and Teva

    Article

    Submitted: 06 November 2017

    The doctrine of equivalents and Arrow declarations take their first spin in the Patent Court after recent (re)emergence.

  • Unified Patent Court: The slightly surprising limits of its jurisdiction

    Article

    Submitted: 18 October 2017

    The jurisdiction of the Unified Patent Court, within its area of competence, is somewhat broader than might be expected. Complexity arises due to the manner in which amendment of the Brussels Regulation brings the Unified Patent Court into the wider European context and the interplay between the Brussels regulation with the Lugano agreement.

  • Is there a future for medical device SPCs? Past, present and future perspectives

    Article

    Submitted: 18 October 2017

    This article reviews UK and European cases on the ability of the SPC system to be applied to medical devices and considers the main issues faced by such applications. It also considers whether now might be the time to introduce a new system for "medical device SPCs".

  • Case summary: Secretary of State for Health v Servier Laboratories Limited

    Article

    Submitted: 19 September 2017

    If a patentee makes unsupported allegations in enforcement or invalidity proceedings which result in losses to third parties, can that amount to the tort of causing loss by unlawful means?

  • SPCs for new formulations?

    Article

    Submitted: 04 September 2017

    An update on the UK Supplementary Protection Certificates (SPC) referral in Abraxis which is progressing towards the Court of Justice of the European Union (CJEU). The UK Intellectual Property Office (IPO) is now asking for comments on this significant case concerning the interpretation of Article 3(d) of the SPC Regulation.

  • News from the German Federal Constitutional Court on the challenge to the UPC system

    Article

    Submitted: 17 August 2017

    The German Federal Constitutional Court (FCC) has provided the following further information on the challenge to the UPC system brought in June by an unnamed private individual.

  • UK approves provisional application of the UPC

    Article

    Submitted: 11 July 2017

    The UK has deposited with the EU Council the document required to apply the Protocol to the Agreement on a Unified Patent Court (UPC) on provisional application​.

  • Case summary: Chugai Pharmaceutical Co v UCB Pharma SA Restricted access

    Article

    Submitted: 30 June 2017

    The Patents Court held that the act of state doctrine (which requires the English courts to refrain from adjudicating upon issues relating to the sovereign acts of a foreign state) did not apply to a contractual dispute about the payment of royalties under a patent licence in respect of a US patent where the patent's validity was not in issue and the patent licence contained an English exclusive jurisdiction clause​.

  • UK takes the final legislative step needed to ratify the UPC

    Article

    Submitted: 27 June 2017

    The draft Statutory Instrument, the Order on Privileges and Immunities, which needs to be passed before UK ratification of the Unified Patents Court (UPC) can take place, was laid before Parliament on 26 June 2017.​

  • Playing roulette with the Unified Patent Court judges

    Article

    Submitted: 22 June 2017

    This article considers the appointment of Unified Patent Court (UPC) judges and the composition of the panels of judges in local divisions of the UPC. It explains why local divisions may initially comprise a significant proportion of English, French and German judges.

1 to 10 of 233