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Implications of FRAND royalty rate on standard-essential patent litigation (International reports)
The High Court recently gave long-awaited guidance on the determination of fair, reasonable and non-discriminatory royalty rates for standard-essential patents on a worldwide basis. The detailed judgment has many implications for UK standard-essential patent litigation.
When is making a patented product not an infringement? Werit is making a repair (International reports)
The recent Supreme Court judgment in Schütz v Werit has provided guidance on the question of when repairing a patented product by replacing a component part infringes a patent to the product as a whole. This guidance will be welcomed by those who repair patented products in the United Kingdom.
No jurisdiction over foreign designations of European patents where validity is also challenged (International reports)
The High Court recently dismissed a request to hear an infringement action in respect of the German designation of a European patent. The High Court confirmed that where the validity of the European patent is called into question, the English courts have no jurisdiction to hear an infringement action in respect of a foreign designation, and careful drafting or re-drafting of the infringement action does not provide a way round this position.
Regeneron and Bayer caught in Genentech’s VEGF Trap (International reports)
In the UK leg of the litigation involving potential blockbuster drug Eylea, the High Court has handed down a judgment that potential blockbuster drug Eylea infringes a patent held by Genentech, Inc.
The risk of threatening a competitor with a UK patent infringement action (International reports)
Threatening to sue for patent infringement in the UK courts can result in significant financial liability for the person making the threat if the patent is found to be invalid and the threat is therefore unjustified. A recent case confirms that parties seeking to enforce patent rights should exercise caution when contacting competitors regarding patent infringement matters due to the broad remit of the UK threats provisions.
Yes, it matters but it’s not all about size (International reports)
The Court of Appeal has upheld the decisions of the High Court and the UK Intellectual Property Office (UKIPO) that Professor Shanks, an employee of Unilever, was not entitled to inventor’s compensation. The appeal court dismissed Shanks’ further appeal against the UKIPO rejection of his multi-million pound claim for inventor’s compensation against his former employer in respect of patents which he claimed to be of “outstanding benefit” to Unilever.
UK clinical trials given immunity from patent infringement (International reports)
New legislation drafted by the UK government should shield clinical trials in the United Kingdom from the risk of patent infringement in the near future. The current UK Patents Act includes two provisions aimed at exempting certain experiments from infringement. However, these provisions are limited, so at present many UK clinical trials would not be sheltered from patent infringement by a statutory exemption.
Restorations the UK landscape (International reports)
Restoration mechanisms are available for IP rights that may have been unintentionally lost through non-payment of an annuity (renewal fee) and inadvertently missing the filing date of a Patent Cooperation Treaty application or the deadline for national or regional phase entry.
Patents Court rules in third technical Unwired Planet trial (International reports)
The UK Patents Court recently handed down its judgment in the third technical trial in the ongoing dispute between Unwired Planet and various mobile phone and infrastructure manufacturers.
Introduction of Patent Box heralds new tax regime (International reports)
The Finance Bill 2012 is to introduce legislation to provide a new tax regime: the Patent Box. It is designed to incentivise companies to commercialise their existing patents and expand their patent portfolio, and to develop new products incorporating patented technology. Companies will be able to elect to apply a 10% rate of corporation tax (rather than 23%) to worldwide profits attributable to certain IP rights.
Accelerating patent prosecution via the Green Channel (International reports)
Early grant of a patent can be desirable not only for enforcement purposes, but also for businesses for which it is crucial to attract investors and secure funding. The UK Intellectual Property Office’s Green Channel provides an attractive route to early grant for patent applicants with inventions with environmental benefits.
But finishing was never part of the (paediatric investigation) plan (International reports)
The High Court recently rejected Dr Reddy’s application to revoke the six-month paediatric extension of Warner-Lambert’s supplementary protection certificate for atorvastatin. Although the decision clarified the UK courts' interpretation of whether a paediatric investigation plan has been completed, this issue will be addressed definitively only once such questions have been referred to the European Court of Justice.
The IP Bill good for business? (International reports)
UK IP Minister Lord Younger recently tabled a bill that is set to modernise IP law for the benefit of UK businesses, particularly small and medium-sized enterprises. In the minister's own words, the proposed reforms “are more evolution than revolution”, but on a national level at least it appears that they will benefit businesses seeking to protect their innovations.
Will the public suffer? Let’s stay! (International reports)
The recent UK Court of Appeal decision in Adaptive Spectrum and Signal Alignment Inc v British Telecommunications Plc shows that the UK courts are prepared to impose injunctions on big telecoms operators, but that in doing so consideration may well be given to the effect that an injunction will have on the public.
Apple loses appeal on “cool” design (International reports)
The Court of Appeal of England and Wales has issued a further ruling in the much-publicised infringement battle between Samsung and Apple. As well as concluding that Judge Birss was correct in his assertion that the Samsung tablets do not infringe because they create a different overall impression on the informed user, the appeal court upheld the order requiring Apple to publicise the court's finding.
Less is more but still not enough for Genentech’s dosing schedule patent (International reports)
The High Court has decided that Genentech’s patent relating to a dosage regimen for Herceptin is invalid. This judgment highlights the importance of meeting the requirements for sufficient disclosure for claims based on dosage regimens and the difficulty of obtaining the information required in clinical trials.
Appeal to stay proceedings dismissed in favour of patentee (International reports)
A decision of the Patents Court of the High Court of England and Wales to refuse a stay of proceedings pending the outcome of co-pending proceedings at the European Patent Office (EPO) has been unsuccessfully appealed by HTC in IPCom v HTC. The judgment of the Court of Appeal of England and Wales revisited the guidance given in Glaxo Group Ltd v Genentech Inc for the granting of stays of proceedings at the Patents Court when there are co-pending proceedings at the EPO.
SPCs remain in a state of flux (International reports)
The UK High Court recently asked the European Court of Justice to clarify what is meant by the “first authorisation” for the purposes of calculating the duration of an supplementary protection certificate (SPC). This decision will be of interest to pharmaceutical companies because it could impact on the term of protection conferred by their SPCs.
Can an SPC be based on an adjuvant? (International reports)
The UK Intellectual Property Office recently issued two decisions rejecting supplementary protection certificate (SPC) applications filed by GlaxoSmithKline Biologicals SA (GSK) and Genzyme Corporation to try to extend the term of protection for their authorised medicines, which included new adjuvant systems (GSK) and alternative salt forms of a drug (Genzyme). However, GSK recently persuaded the High Court to refer a question to the European Court of Justice on the issue of whether an adjuvant can be the subject of an SPC.
Genentech’s Herceptin purification patent fails to pass the acid test (International reports)
The UK High Court has decided that Genentech’s patent relating to a composition of Herceptin with reduced acidic variant content is invalid. The patent was revoked for lacking novelty over Genentech’s own earlier patent publication and for lacking inventive step over a conference disclosure by one of its own employees.
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