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Although the Court of Appeal was clear, in Neurim v Generics [2020] EWCA Civ 793, that deciding to uphold the lower court’s decision not to grant a pharmaceutical patent PI was based on the specific facts of that case, the Patents Court has subsequently refused two further pharmaceutical PIs (Neurim v Teva [2022] EWHC 954 (Pat) and [2022] EWHC 1641(Pat), and Novartis v Teva [2022] EWHC 959 (Ch)). [read post]
2 Jul 2023, 1:37 am by Laurence Lai (Simmons & Simmons LLP)
Whilst the companies in this top five list are all outside the EU, the 39 member states of the EPO still account for over 45.4% of all opt-outs when looking at the country of the first-named applicant or proprietor. [read post]
29 May 2023, 11:43 am by Kluwer Patent blogger
Furthermore, it should not be forgotten that the participating States in the UPC and UPCA agreement are not the same and that, in the case of the UPCA, they are not all EU Member States. [read post]
11 May 2023, 2:21 am by Aida Tohala (Bristows)
On 4 May 2023, a mere two weeks after the conclusion of the hearing, the Court of Appeal handed down its decision in Sandoz and Teva v BMS. [read post]
The Regulation is not attempting to establish full transparency, but significantly improve the current state of transparency (or lack thereof) regarding essentiality of patents that are sought to be licensed. [read post]
Case date: 09 March 2023 Case number: No. 22-1907 Court: United States Court of Appeals, Federal Circuit A full summary of this case has been published on Kluwer IP Law. [read post]
27 Apr 2023, 9:22 am by Miquel Montañá (Clifford Chance)
In this regard, in its judgment of 12 December 2013 (case C-493/12, Eli Lilly v Human Genome Sciences), the CJEU made the following observations: “30. [read post]
But if a court can determine that an offer is not FRAND, it presumably could also state wh [read post]
The most famous decision might be the UK Supreme Court’s Ruling in Warner-Lambert Company LLC v Generics (UK) Ltd, which was reported on this blog here. [read post]
On 16 March 2022, the High Court of England and Wales handed down its judgment following the FRAND trial in InterDigital v Lenovo. [read post]
27 Mar 2023, 8:18 am by Nicholas Round (Bristows)
On 16 March 2023, the High Court of England and Wales handed down its judgment following the FRAND trial in InterDigital v Lenovo. [read post]
22 Feb 2023, 4:47 am by Brian Cordery (Bristows)
As per the guidance in R v Secretary of State, chambers should identify one named clerk responsible for communicating the draft judgment from the court to the relevant barristers. [read post]
9 Feb 2023, 7:00 am by Eden Winlow (Bristows)
Nokia v Oppo [2023] EWHC 23 (Pat) In a new development in the global dispute between Nokia and Oppo that spans seven jurisdictions across Europe and Asia, Mr Justice Meade of the English Patents Court has found that smartphone manufacturer Oppo infringes valid and standard essential Nokia 4G/5G patent EP2981103 on an “allocation of preamble sequences”. [read post]
3 Feb 2023, 2:07 am by Kluwer Patent blogger
Less than four months before the launch of the new system, Kluwer IP Law interviewed Véron and asked him how it all started. [read post]
1 Feb 2023, 12:00 am by Jonathan Ross (Bristows)
  In Meadows v Khan and Manchester Building Society v Grant Thornton, the Supreme Court set out a six-part test for determining a damages claim for the tort of negligence. [read post]
Case date: 17 October 2022 Case number: No. 21-2350 Court: United States Court of Appeals, Federal Circuit A full summary of this case has been published on Kluwer IP Law. [read post]
8 Sep 2022, 12:36 am by Kluwer IP Reporter
Ruprecht-Karls-Universität Heidelberg) and C-559/20 (Koch Media GmbH v. [read post]