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28 Sep 2015, 3:35 am
King in the Central District of California has just established that Warner-Chappell do not hold any valid copyright in the Happy Birthday lyrics, Merpel recounts.* The "Happy Birthday" saga: when it may have been better not to have sued? [read post]
20 Sep 2015, 4:08 pm
.* Letter from AmeriKat: Remember fair use before issuing DMCA notices, warns Ninth CircuitAnnsley takes a gander at a recent decision from the United States Court of Appeals for the Ninth Circuit in the famous case Prince and Mean Music Companies v That lovely baby dancing Prince Lenz v Universal Music.* BREAKING NEWS: CJEU says that acquired distinctiveness requires that mark alone identifies relevant undertaking (but 'how' does not seem so clear)It’s… [read post]
18 Sep 2015, 10:02 am
A European patent for the drug was granted to Warner-Lambert Co, LLC ("Warner-Lambert")(now a subsidiary of Pfizer Inc.) under EP number 0 641 330. [read post]
7 Jul 2015, 1:58 am
No, justsecond medical use ...The sudden return to the headlines of problems relating to second medical use patents, both on last year's AIPPI agenda and in Warner-Lambert's mega-litigation with Actavis over pregabalin [see eg the hugely popular Katposts by Darren, Annsley and even Jeremy here, here, here, here and here] pretty well guaranteed that this issue would feature on this year's programme (incidentally, this is the substantive legal issue that has… [read post]
29 Jun 2015, 9:36 am
A futuristic Neil imagines a time when consumers’ psychological/neurological associations could be measured (also) for the sake of assess a trade marks’ reputation* Case management decisions in the Lyrica caseThe ongoing case between Warner-Lambert (a subsidiary of Pfizer) and Actavis concerning pregabalin (sold by Pfizer under the trade mark Lyrica, and by Actavis under the trade mark Lecaent) seems set to be the case of the year, Darren says. [read post]
26 Jun 2015, 12:30 am
The main claim at issue is a Swiss form claim, and although this is significant for the present case, much less turns on it than in the other saga ongoing at the moment of Warner Lambert v Actavis (latest instalment here). [read post]
15 Jun 2015, 7:13 am
Almost all of these updates have been compiled and crafted by our good friend and dedicated colleague Alberto Bellan, to whom the IPKat and Merpel raise their paws in a respectful and grateful salute.Don't forget: there's also a mini-summary at the bottom of the post that lists the features carried by this weblog over the previous month.Last week's substantive Katposts look like this:* Swiss claims: a Kat reflects on the Warner-Lambert v Actavis appealAfter… [read post]
8 Jun 2015, 4:20 am
What has this to do with investing in companies that own trade secrets? [read post]
8 Jun 2015, 12:22 am
Warner-Lambert had in the meantime applied to amend its pleadings to include a case based on subjective intent. [read post]
4 Jun 2015, 5:56 am
” Id. at *1 (quoting 21 U.S.C. 321(g)(1)(B)).In our experience, most companies, when faced with a competitor that they believe is violating the FDCA (such as by off-label promotion) will tip off the FDA and watch as the Agency comes down upon the miscreant like a ton of bricks. [read post]
31 May 2015, 3:47 am
Last week the Court of Appeal said that was incorrect in Warner-Lambert Company, LLC v Actavis Group Ptc EHF & Others [2015] EWCA Civ 556, and that actually all that is required is for the infringer to know, or be able to reasonably foresee, that the medicament would be used to treat the condition (Katpost here). [read post]
28 May 2015, 8:36 am
In a judgment handed down today Warner-Lambert Company, LLC v Actavis Group Ptc EHF & Others [2015] EWCA Civ 556 the Court of Appeal (led by Lord Justice Floyd) has put forward a wider test for the infringement of second medical use patents. [read post]
25 May 2015, 1:28 am
In this respect this Kat has pondered whether Mr Justice Arnold’s decision Warner -Lambert Company, LLC v Actavis Group Ptc EHF & Others [2015] EWHC 72 (Pat) is a good one in respect of the interpretation of Swiss style claims (Katpost here). [read post]
22 May 2015, 10:38 am
Patentees can no longer take for granted profits made during the term of interim injunctive relief, irrespective of the outcome of the substantive claim.More generally, as regards the availability of interim relief against generic pharmaceutical companies where an invention is claimed in Swiss form, the outcome of the appeal of Arnold J's decision in Warner-Lambert v Actavis [2015] EWHC 72 (Pat) is awaited with interest.Many thanks to both Paul and Ailsa for both the… [read post]
6 Apr 2015, 7:31 am
| EPO Administrative Council and Board of Appeal’s removal.Never too late 36 [week ending Sunday 8 March] - EPO's Enlarged Board of Appeal (EBA) says Chairman can disobey | OHIM is too rich to be true | eLAW’s TM infringement checklist | Human right and IP | Again on Warner-Lambert v Actavis | Seiko and Seiki in Singapore | The politics of US patent law reform | Haribo v Lindt Goldbear wars | Patent trolls | Private copying | Wu-Tank and… [read post]
31 Mar 2015, 4:01 pm
Also, the appeal in the Warner-Lambert case that will be heard in late April will no doubt turn up some interesting new arguments – which could lead to the Court of Appeal for England and Wales disagreeing with Mr Justice Arnold on one or more points. [read post]
30 Mar 2015, 11:11 am
| Dutch Minister and EPO immunity | CJEU and droit de suite in Case C-41/14 Christie's France | Warner-Lambert Company, LLC v Actavis Group Ptc EHF & Others | Pangyrus Ltd v OHIM, RSVP Design Ltd | China and smartphone patents | UK against groundless threats to sue for IP infringement | Polar bears | Patent needs strictness, complexity and fuzziness. [read post]
23 Mar 2015, 1:42 am
| Dutch Minister and EPO immunity | CJEU and droit de suite in Case C-41/14 Christie's France | Warner-Lambert Company, LLC v Actavis Group Ptc EHF & Others | Pangyrus Ltd v OHIM, RSVP Design Ltd | China and smartphone patents | UK against groundless threats to sue for IP infringement | Polar bears | Patent needs strictness, complexity and fuzziness. [read post]
16 Mar 2015, 3:10 am
| Dutch Minister and EPO immunity | CJEU and droit de suite in Case C-41/14 Christie's France | Warner-Lambert Company, LLC v Actavis Group Ptc EHF & Others | Pangyrus Ltd v OHIM, RSVP Design Ltd | China and smartphone patents | UK against groundless threats to sue for IP infringement | Polar bears | Patent needs strictness, complexity and fuzziness. [read post]
9 Mar 2015, 12:23 pm
.* Warner-Lambert v Actavis Mark 4: harmony between parties in ‘lyrical’ patent disputeLast Thursday, Jeremy reported a High Court Order obtained by Warner-Lambert (part of the Pfizer group) mandating the NHS to release guidance about the prescribing of pregabalin (Warner-Lambert Company, LLC v Actavis Group PTC EHF & Others[2015] EWHC 485 (Pat) (02 March 2015)) [on which see the IPKat earlier posts, here and here]. [read post]
