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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]
22 Jan 2017, 11:49 am
Seeking an ArrowArrow declarations can be granted: Fujifilm v AbbVieGuestKat Eibhlin Vardy discusses Fujifilm Kyowa Kirin Biologics Co., Ltd v AbbVie Biotechnology Ltd & Anor [2017] EWCA Civ 1, which involves two appeals, both raising the question of whether a Court can grant a so called ‘Arrow declaration’, i.e. a declaration that “a product was old or obvious in patent law terms at a particular date”.Guest Post - China's Patent… [read post]
5 Apr 2016, 6:32 am
 A third case to watch out for is Novartis's Aclasta (zoledronic acid) patent with Swiss-type claims for the use of zoledronic acid in a once-yearly i/v administration for the treatment of osteoporosis. [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]
30 Jul 2015, 9:50 am
 That is what today's decision addresses.Appeal to the Supreme CourtThe Court of Appeal has refused leave for Smith & Nephew to appeal to the Supreme Court, because it considered that there is no significant point of general public importance at stake, since it has done no more than apply the established principles of claim construction from Kirin Amgen (Kirin Amgen Inc v Hoechst Marion Roussel Ltd [2004] UKHL 46, [2005] RPC 9) to the case before it. [read post]
26 Jun 2015, 12:30 am
 Floyd LJ has roundly rejected Arnold J's reasoning, stating:58.The difficulty I feel with endorsing this reasoning is as follows. [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]
10 Dec 2014, 12:31 am
 What Birss J has now done is to say "The EPO approach to the interpretation is a novelty rule, not a construction rule, and Kirin-Amgen shows that to be so". [read post]
15 May 2014, 11:40 am
 On the principle of the matter, he stated at 111:In my judgment this reasoning [from Rohm & Haas] is persuasive, and it is supported by the subsequent judgment of the Court of Appeal in Virgin v Premium. [read post]
19 Mar 2014, 9:00 am by Paula Bremner
It has been 15 years since the last brand v brand challenge of a biologic patent in Canada. [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]
14 May 2013, 12:22 am
Like many of this weblog's readers, this Kat has long nurtured a fascination and deep admiration for the United States Federal judiciary. [read post]
5 Mar 2013, 11:03 pm by Aparajita Lath
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]
28 Jul 2011, 3:00 am
Claim 3, stated to have independent validity, was attacked on grounds of obviousness – it being alleged to lack inventive step over three pieces of prior art (Qin, Lassen and ‘746) and the common general knowledge. [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]
11 May 2011, 4:54 am by Marie Louise
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]