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


    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?


    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


    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


    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


    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


    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


    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.

  • The Patents Court considers the validity of SPCs based on a Markush formula


    Submitted: 09 June 2017

    The UK Patents Court has considered the validity of a supplemental protection certificate (SPC) based on a Markush formula, including the interpretation of Article 3(a) of the SPC Regulation. This article analyses the decision and considers how it sits in the context of recent cases.

  • Business protection: Practical tips


    Submitted: 08 June 2017

    Materials from our webinar where Anna Shelley and Róisín Murphy discussed the practical ways in which businesses can protect their key assets1

  • Podcast 595: Business protection - The basics

    Video Podcast

    Submitted: 25 May 2017

    Simmons & Simmons partners Andrea Finn and Angus McLean discuss the basics of business protection including the ways in which breaches can occur, which assets are at risk and how best to protect these assets.

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