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24 Oct 2018, 3:49 am
In Actavis Lord Neuberger ruled that, contrary to Kirin-Amgen v Hoescht ([2004] UKHL 46) a court may rely on the prosecution history to determine the scope of a patent, if this would unambiguously resolve a point or if it would be contrary to the public interest for the contents of the file to be ignored (paragraph 88). [read post]
3 Mar 2017, 7:25 am
The High Court has granted declarations to FKB and SB to the effect that their products lacked novelty or an inventive step at a particular date - Fujifilm Kyowa Kirin Biologics Company Limited and Samsung Bioepsis UK Limited v AbbVie Biotechnology Limited [2017] EWHC 395 (Pat). [read post]
29 Jan 2018, 2:57 am
Are the famous words of Lord Hoffman in Kirin-Amgen that "life is too short" to consider the file, soon to ring hollow? [read post]
5 Mar 2013, 11:03 pm
In true anecdotal style, the author explains the relevance of Section 115 of the Indian statute (appointment of scientific advisors) by pointing out the open expression of gratitude by Lord Hoffmann in Kirin-Amgen v. [read post]
26 Jul 2017, 3:49 am
As explained in paragraph 42 of this judgment, in paragraph 37 of Kirin-Amgen Inc v Hoechst Marion Roussel Ltd [2005] RPC 9, Lord Hoffmann explained that the doctrine of equivalents had been developed in the United States. [read post]
26 Jul 2017, 3:49 am
As explained in paragraph 42 of this judgment, in paragraph 37 of Kirin-Amgen Inc v Hoechst Marion Roussel Ltd [2005] RPC 9, Lord Hoffmann explained that the doctrine of equivalents had been developed in the United States. [read post]
11 May 2011, 4:54 am
General UNCTAD: Bundle of opportunities to improve medicines access in LDCs (IP Watch) Australia: Why IP professionals must take ‘gene patent’ opponents seriously (Patentology) Australia: FCA finds fatal flaw in Plant Breeders Rights Act: Elders Rural Services Australia Limited v Registrar of Plant Breeder’s Rights (Patentology) (ipwars) Finland: Decision on parallel import of pharmaceuticals (Class 46) Italy: Again on MA filing as a preparatory act of marketing –… [read post]
5 Jul 2011, 1:44 pm
Sighted this morning, breaking the surface just off the Strand, the judgment of Mr Justice Arnold in MedImmune v Novartis [2011] EWHC 1669 (Pat) certainly fits the legend.In characteristic style, the judgment is as comprehensive as one would wish. [read post]
18 Dec 2023, 3:05 am
On 15 December 2023, as stated above, Fancourt J handed down judgement in favour of the claimants in the case of The Duke of Sussex and Ors v MGN Limited [2023] EWHC 3217 (Ch). [read post]
26 Jan 2015, 9:57 pm
Category: Civil Procedure By: Roy Rabindranath, Contributor TitleJapanese Found. for Cancer Research v. [read post]
31 Aug 2010, 10:01 pm
– state of research and development of new drugs in Indian pharma industry (Spicy IP) US: The Financial Times’ take on gene patenting (Patent Docs) US: Seattle Biotech companies fight over allegedly similar names: Mirina Corp. v. [read post]
19 Mar 2014, 9:00 am
It has been 15 years since the last brand v brand challenge of a biologic patent in Canada. [read post]
14 Nov 2019, 6:43 am
It considers how the test is applied by national trade mark registries across EU member states, by the EUIPO, by national courts, and by the CJEU. [read post]
25 Mar 2016, 2:11 pm
FKB, a joint venture between FUJIFILM and Kyowa Hakko Kirin, intends to clear the path of AbbVie's follow-on patents in order to market its biosimilar adalimumab product after expiry of the UK SPC in October 2018. [read post]
3 Jul 2011, 11:08 pm
& Filmworks, Inc. v. [read post]
6 Apr 2018, 3:42 am
The principles to be applied to such inventions have been summarised by the House of Lords in Kirin-Amgen and Lundbeck. [read post]
6 Sep 2010, 12:42 am
Kirin Amgen Inc. v Lietuvos Respublikos valstybinis patent? [read post]
12 Dec 2014, 5:06 am
It won’t do if you are thinking of claim where the product is not actually new as such (such as erythropoietin in the Kirin Amgen case). [read post]
1 Jan 2014, 4:33 am
According to the recent Generics v Teva/Yeda decision, the burden of proof should therefore be on the alleged infringer, not the patentee. [read post]
19 Apr 2017, 2:21 am
A similar exchange occurred with Actavis’ counsel and Lord Neuberger and the analogy of a dinner invitation stating “Come at 8:00 on 23 June”. [read post]
