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16 Feb 2015, 1:44 am
***** PREVIOUSLY, ON NEVER TOO LATE Never too late 32 [week ending Sunday 8 February] –- Brazilian PTO’s delays | The Research Handbook on International Intellectual Property reviewed | Laura Smith-Hewitt | IP, women and leadership: the poll responses | Decline of West’s trust in innovation | Wikipedia public domain photos |CJEU in Case C-383/12 P Environmental Manufacturing LLP v OHIM | The Nordic IP Forum |… [read post]
20 Jul 2023, 1:42 am
The Court of Appeal in Sandoz v BMS attempts to reconcile the Enlarged Board of Appeal (EBA) decision in G 2/21, and the landmark UK Supreme Court decision on plausibility Warner-Lambert v Actavis [2018] UKSC 56. [read post]
2 Feb 2015, 2:20 am
Not only did the Dutch Court disagree with the Courts of England and Wales on the matter of priority entitlement and hence validity , but also this ruling appears to be in contrast to the case last week [for which see Katpost here for the first instance and here and here for the appeal judgment] where Arnold J permitted Actavis to launch a product with a skinny label without requiring further measures such as… [read post]
25 Jan 2017, 11:25 pm
In referring the question on Art 3(a) as to what was required for a product to be protected by a basic patent, he stated that he was “encouraged by what the [CJEU] said in Actavis v Sanofi and Actavis v Boehringer to believe that there is a realistic prospect of the Court providing further and better guidance to that which it has hitherto provided” (para 91). [read post]
7 Mar 2022, 12:44 am
However, as noted in the Finnish decision, CJEU case law has not yet harmonised interpretation of Article 3(a) under Royalty Pharma and its previous interpretations of Article 3(c), as in Actavis I (C-443/12) and Actavis II (C-577/13) (IPKat).The referralThe Supreme Court of Ireland referred 4 questions to the CJEU, the full text of which are provided in full below* ([2022] IESC 11). [read post]
12 Mar 2020, 1:48 am
Katherine Moggridge presenting Katherine Moggridge(Three New Square), who acted on behalf of appellants ICOS, discussed Actavis v ICOS, the most recent case in the UK Supreme Court to address obviousness. [read post]
31 Jul 2018, 7:58 am
In the decision leading to the referral, Justice Arnold considered that the answers previously given by the CJEU on the interpretation of Article 3 (a) in Medeva, Actavis v Sanofi and Lilly were not sufficiently clear and therefore asked question 1 in Actavis v Sanofi again: “What are the criteria for deciding whether ‘the product is protected by a basic patent in force’ in Article 3(a) of the SPC Regulation? [read post]
9 Dec 2010, 1:10 pm
Mensing (Granted )Docket: 09-1039Issue(s): Whether the Eighth Circuit abrogated the Hatch-Waxman Amendments by allowing state tort liability for failure to warn in direct contravention of the Act’s requirement that a generic drug’s labeling be the same as the labeling approved by the Food and Drug Administration for the listed (or branded) drug.Certiorari-Stage Documents:Opinion below (8th Circuit)Petition for certiorariBrief in oppositionPetitioner's supplemental briefAmicus brief… [read post]
12 Feb 2014, 7:51 am
The world’s second largest pharmaceutical company, Actavis, just did. [read post]
8 Jul 2014, 7:53 am
He pointed to the latest ruling, in Actavis, as cabining “patent triumphalism” in antitrust. [read post]
24 May 2010, 7:46 am
Mensing; Actavis Elizabeth v. [read post]
7 Jan 2019, 6:21 am
’ Equivalents Number 10 on the list is the article Actavis and Equivalents – One Year On. [read post]
21 Jun 2013, 12:56 pm
Actavis, the Court held, in a five-to-three decision by Justice Breyer (Justice Alito was recused), that antitrust lawsuits challenging so-called “reverse payments” may proceed. [read post]
4 May 2011, 7:52 am
Brand Name Opioid Products Generic Name Trade Name Applicant/Sponsors Fentanyl Duragesic Extended Release Transdermal System Ortho McNeil Janssen Hydromorphone *Palladone Extended Release Capsules Purdue Pharma Methadone Dolophine Tablets Roxanne Morphine Avinza® Extended Release Capsules King Pharms Morphine Kadian® Extended Release Capsules Actavis Morphine MS Contin Extended Release Tablets Purdue Pharma… [read post]
13 Apr 2015, 12:50 pm
| Oprah Winfrey and OWN YOUR POWER trade mark | EPO December Administrative Council Meeting | Blurred Lines | Again on Actavis v Boehringer | Is the EU Patent Package diminishing the EU’s powers? [read post]
17 Sep 2016, 4:56 am
| Judgement in Actavis v ICOS | Collective management of copyright for images displayed by search engines | Corporates and #Rio2016 | Global branding [read post]
22 Jun 2018, 3:18 am
Actavis | Can YouTube be primarily liable for users' infringements? [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]
27 Jul 2015, 9:35 am
| The IPKat and his friends | GO Outdoors Ltd v Skechers USA Inc II | Allfiled UK Ltd v Eltis & 16 Others | OAEE 'victims' mark in Greece | Icons, flags and the Hazzards of intellectual property toxicity | Why Finland is not Silicon Valley | The Sofa Workshop Ltd v Sofaworks Ltd | The Ukulele Orchestra of Great Britain v Clausen & Another (t/a the United Kingdom Ukulele Orchestra) | Sony/ATV Music Publishing LLC & Another v WPMC Ltd… [read post]
14 Mar 2016, 3:23 am
Never too late 83 [week ending on Sunday 14 February] – Indigenous IP | Arnold J's latest judgment flags down the iconic London black cab | Life of a national/EU trade mark ... in a map | A comprehensive explanation of trademarks | Actavis v Lilly. [read post]