Search results - found 73
Teva pays the price for premature marketing authorisation (International reports)
The UK High Court has granted Merck and Bristol-Myers Squibb an interim injunction preventing Teva from launching its generic version of blockbuster anti-retroviral SUSTIVA. This pro-patentee decision sounds a warning to companies seeking marketing approval for generic drugs well in advance of expiry of the brand owner’s period of exclusivity.
De minimis how low do you need to go? (International reports)
What proportion of products must fall within the scope of the claims for there to be an infringement? Even if the number of infringements is not discounted as de minimis but is still small, what remedies may the court grant? Some answers were provided by a recent judgment giving the most detailed discussion of the de minimis principle by the English patents court to date.
Patent Prosecution Highway: FAQs (International reports)
The Patent Prosecution Highway (PPH) programme has now been running for over 10 years. Although most patent applicants have, in that time, become familiar with the concept of the PPH, many potential users have unanswered questions about its mechanics and are yet to route any of their patent applications along it.
A measure of outstanding: employee inventor compensation in Shanks v Unilever (International reports)
The High Court recently upheld a UK IP Office decision not to award Professor Shanks employee inventor compensation. In reaching this decision, the judge had to consider whether the patent was of “outstanding benefit” to the employer. This case illustrates that for an employee to succeed in any such claim, the patented invention must be transformative.
Disclosure is a powerful tool in patent litigation (International reports)
The disclosure process under English law creates powerful opportunities during patent litigation. Careful use of disclosure can reduce costs and speed up proceedings across Europe, as shown in recent litigation between Danisco and Novozymes.
HTC prevails against Apple in the UK Patents Court (International reports)
Over the past year, IP news has been dominated by a series of ongoing disputes between Apple and other major players in the smartphone market, known as the "smartphone wars". The UK Patents Court recently handed down its judgment in one of the first such disputes involving Apple to proceed to trial. The judgment reaffirms that a relatively high standard of patentability is required for patents in the United Kingdom.
Financial pitfalls associated with interim injunctions (International reports)
In AstraZeneca v KRKA the High Court considered the merits of arguments put forward when trying to recover damages following a cross-undertaking in respect of an interim injunction that was subsequently discharged. Significantly, the judge chose to rely on the evidence of medicine managers rather than that of expert economists when assessing the loss of first-mover advantage.
Restoring lost IP rights: prevention is better than cure (International reports)
The unintentional loss of valuable registered IP rights can be extremely distressing and the financial and time-related costs of trying to restore lost rights can be significant. However, even when rights have been lost, they can sometimes be rescued.
ConvaTec fails to find silver lining in latest dispute with Smith & Nephew (International reports)
The High Court recently decided that Smith & Nephew’s DURAFIBER Ag wound care product did not infringe ConvaTec’s patent relating to silverised wound dressings, and refused to grant springboard relief to ConvaTec based on infringing experiments carried out by Smith & Nephew to obtain regulatory approval for its product.
English courts scrutinise claimed numerical ranges (International reports)
The Court of Appeal has ruled in favour of ConvaTec in the latest chapter in a dispute over silverised wound dressings, holding that Smith & Nephew's process fell within the claimed numerical range, despite an attempted work around to avoid the explicit numerical limits.
EPO u-turn is good news for UK patent holders (International reports)
The European Patent Office has announced that it will participate in a pilot scheme with the US Patent and Trademark Office to accelerate patent applications. This is good news for UK patent holders as the increased harmonisation should result in greater efficiency in terms of time and spend throughout the filing process.
UK participation in UPC confirmed (International reports)
The United Kingdom has announced that it intends to participate in the unitary patent and the Unified Patent Court (UPC) despite the recent vote to leave the European Union. The United Kingdom plans to ratify the UPC Agreement so that both the unitary patent and the UPC become a reality in the near future, perhaps during 2017.
Should High stay for EPO? Actavis and Pharmacia clash in the High Court (International reports)
The Patents Court of the High Court of England and Wales has refused a request by patentee Pharmacia for a stay of UK revocation proceedings brought by Actavis pending the outcome of opposition proceedings at the European Patent Office (EPO). This decision applies recent Court of Appeal guidance as to when UK proceedings should be stayed pending the outcome of EPO opposition proceedings.
The Patents County Court faster, easier and cheaper (International reports)
The Patents County Court is likely to become a more popular forum for enforcing and challenging IP rights in the United Kingdom following recent changes to streamline the litigation procedure and to limit the costs and financial remedies available.
Unregistered IP rights may have significant consequences for interested parties (International reports)
Having successfully acquired, licensed or taken security over registered IP rights, new rights holders often fail to register their transactions at a national IP office. This can have significant consequences for interested parties and complicate future dealings in those rights.
UK Patents County Court proves its worth (International reports)
Following last year’s introduction of caps on costs and damages, the United Kingdom's reformed Patents County Court (PCC) continues to offer a forum for parties of any size to conduct relatively affordable IP litigation. In a case involving an individual and two larger parties, there was agreement to use the PCC instead of the High Court on the basis that the inventor had limited resources and needed the protection of the PCC's cost cap.
Countdown for new UK trademark examination rules (International reports)
From October 1 2007 the UK Intellectual Property Office will examine UK trademarks only on the basis of absolute grounds, with a view to realising greater conformity with European Community trademark procedures. But what will this mean in practice?
English courts tackle Swiss-type claims and off-label use (International reports)
The English Patents Court has handed down a judgment providing guidance on the scope and enforceability of 'Swiss-type' second medical use claims. In particular, the judge considered a question pivotal to the perceived value of Swiss-type claims: to what extent can such claims be used to restrict off-label use where other uses of a drug are no longer protected by a patent?
Samsung v Apple again (International reports)
As the war for world smartphone domination rages on, the latest battle between two of the major belligerents, Samsung and Apple, has taken place in the United Kingdom. Two separate judgments have been issued in cases between the two companies, concerning three European (UK) patents held by Samsung. Samsung alleged that these patents were infringed by Apple, which counterclaimed for revocation.
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.
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