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22 Mar 2022, 4:38 am by Brian Cordery (Bristows)
“ As regards the 3(c) issue, this provision has been largely left undisturbed since the rulings of the court in Sanofi v Actavis[2] and Boehringer Ingelheim v Actavis[3] which held that even if Article 3(a) was satisfied, in circumstances where a basic patent included a claim to a product comprising an active ingredient which constituted the sole subject matter of the invention and for which the holder of that patent had already obtained an SPC as well as a subsequent claim… [read post]
The Court’s approach to confidentiality Meade J began his analysis with a reminder of the key principles identified by the Court of Appeal in OnePlus v Mitsubishi ([2020] EWCA 1562). [read post]
16 Mar 2022, 8:39 am by Ivan Marinov (Delchev & Partners)
More from our authors: Vissers Annotated European Patent Convention 2021 Edition by Laurence Lai, Derk Visser, Peter de Lange, Kaisa Suominen€ 105 Chinese Patent Law: A Practical Guide by Sun Changlong, Zhang Junjie, Fanwen Kong, Dang Li, Yongbo Li, Zhang Liang (William), Wang Meng, Zhang Qiulin, Wang Rong, Gu Runfeng, Chen Shasha, Lu Weiting, Ge Xiaomei,… [read post]
8 Mar 2022, 1:37 pm by Kristyn Melvin and Matt Bonovich
CSPV industry.[2] Further, the Petition argues that while the end of the production process has been shifted to Malaysia, Thailand, Vietnam and Cambodia in order to serve the U.S. market, nearly all of the R&D, raw materials and capital investment is still coming from Chinese manufacturers. [read post]
8 Mar 2022, 8:30 am by Michael C. Petta
In 2018, the U.S. seizure of a merchant ship, M/V Wise Honest, at sea received international attention as a novel sanctions enforcement tool for deterring malign international actors—in that instance, North Korea. [read post]
The Federal Court decision in Thaler v Commissioner of Patents” analyses the reasoning of Beach J in the Thaler decision at first instance, noting that this decision is the first judicial consideration in Australia relating to the impact of artificial intelligence (AI) on the Australian patent system. [read post]
The Federal Circuit held, however, that AAPA can be permissible in assessing whether the patent’s claims would have been obvious in an inter partes review proceeding as an admission in a patent’s specification, and remanded to the Board on that issue (Qualcomm Inc. v. [read post]
Neurim v Mylan 2021 Mylan faced the familiar sight that a divisional of the EP 702 parent patent, EP 3 103 443 (“EP 443”), was pending during the Neurim v Mylan 2020 action. [read post]
1 Feb 2022, 7:01 am by Laurence Lai (Simmons & Simmons LLP)
Honourable mentions F-V, 3.2.4 – new example of lack of unity in claims with multiple dependencies. [read post]
25 Jan 2022, 9:01 pm by Sherry F. Colb
But the Court’s religiosity also emerges in nominally non-religion controversies, including Dobbs v. [read post]
20 Jan 2022, 8:57 pm by Bill Marler
Not surprisingly, the FDA in its full “Environmental Assessment of Factors Potentially Contributing to the Contamination of Romaine Lettuce Implicated in a Multi-State Outbreak of E. coli O157:H7,”[3] concluded that the risk of environmental contamination was in fact a well-known and long-standing risk: Food safety problems related to raw whole and fresh-cut (e.g., bagged salad) leafy greens are a longstanding issue. [read post]
19 Jan 2022, 1:03 am by Bill Marler
An outbreak of hepatitis A associated with consumption of raw blueberries. [read post]