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17 Apr 2019, 2:56 am
In Actavis v Lilly, Lord Neuberger was keen to follow Germany, which was subsequently watered down in Warner Lambert and, now, more so. [read post]
” The judge granted permission to appeal directly to the Supreme Court given the importance of the issue. [read post]
1 Mar 2019, 5:47 am
Notably, Mr Justice Arnold considered the principles of insufficiency established by Warner-Lambert v Actavis applicable, even though the use of the antibody to treat psoriasis was a first medical use. [read post]
27 Feb 2019, 8:58 am by Wystan Ackerman
This case is a good reminder for lawyers that not all deadlines can be extended, even if the trial court wants to grant an extension. [read post]
27 Feb 2019, 3:57 am by Edith Roberts
Lambert that an equitable exception cannot be used to extend the deadline for appealing an order granting or denying class certification in a class-action lawsuit. [read post]
26 Feb 2019, 12:13 pm by Matthew Borges
The US Supreme Court ruled Tuesday that Federal Rule of Civil Procedure 23(f), which authorizes an appeal of an order granting or denying class certification within 14 days of the order, is not subject to equitable tolling. [read post]
26 Feb 2019, 11:23 am by Howard M. Wasserman
In Lambert’s view, the rules should be understood to prohibit courts from granting extensions in advance, but to “leave courts free to excuse late filings on equitable grounds after the fact. [read post]
12 Feb 2019, 11:14 pm by John Collins
The “plausibility” requirement in UK law As noted in our review of the lower court Lyrica judgments, UK case law requires a higher threshold than is necessary for a patent grant in Australia. [read post]
15 Jan 2019, 6:51 pm
Lambert spoke to the issue of division of authority over the machinery of politics in the United States; those insights and perspectives may be useful going forward in considering the division of authority among the political and judicial branches over governance modalities that the American founding generation might not have recognized. [read post]
14 Jan 2019, 5:12 am by Peter Groves
My friend Jane Lambert has written about it on her NIPClaw blog so I don't feel the need to deal with it all - although I am preparing a recorded lecture. [read post]
9 Jan 2019, 3:29 am
 IPKat's summary of the Supreme Court decision (Warner-Lambert v Actavis [2018] UKSC 56) can be found here. [read post]
20 Dec 2018, 6:27 am
In the wake of the UK Supreme Court decision in Warner-Lambert v Actavis (IPKat post here), second medical use claims have received considerable attention from the IP commentariat. [read post]