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16 Dec 2013, 1:23 pm
Similarly in Actavis v Eli Lilly [2013] EWCA Civ 517, the Court of Appeal confirmed that the English courts have jurisdiction to hear claims for declarations of non-infringement in relation to foreign designations of European patents where there is no challenge to validity. [read post]
19 Jan 2016, 2:12 am
Never too late 78 [week ending on Sunday 27 December] – Zer-sum claim and lookalike products | 2015 Copyright Awards | Santa Claus and Section 52 | Jani writes on Dallas Buyers Club LLC v iiNet Limited | IP Hairballs | Actavis v Eli Lilly | Power outage at USPTO | Santa's GC resigns | Pet rock and IP.Never too late 77 [week ending on Sunday 20 December] – GC on 5-stripe shoe mark | EPO BoA… [read post]
14 Jul 2021, 1:04 am
Legal Background: Plausibility at the EPOIt is established case law of the Boards of Appeal that clinical data is not absolutely necessary to demonstrate the plausibility of a claimed invention (T 0609/02, Case Law of the Boards of Appeal, II.C.7.2, see also Warner-Lambert v Actavis [2018] UKSC 56 (IPKat)). [read post]
16 May 2017, 2:55 am
Here's my checklist|Fujifilm v AbbVie: practice, procedure and policy analysis|Overturning a trade mark opposition decision - Part 2 - SOULUXE - likelihood of confusion|Overturning a trade mark opposition decision - Part 1 - IWATCH, descriptive goods and acquired distinctivenessNever Too Late 143 [week ending on Sunday 9 April]French court rules that resale right royalty must be only paid by sellers I Tune in LIVE for tomorrow's Eli Lilly v Actavis Supreme Court showdown I… [read post]
16 Aug 2015, 7:39 am
True to form, Actavis was the only life sciences company to make the poll with 25 patent actions made against it (so far). [read post]
22 Sep 2019, 11:48 pm
The only matter on which there appears to be consensus is that the CJEU has rejected the so called “infringement” test: this means that in order to satisfy the “protected by a basic patent in force requirement”, it is not sufficient for the product to simply fall within the scope of a claim of the basic patent.During the past few years, landmark decisions concerning the interpretation of the SPC Regulation have introduced two different tests, namely that the product must be… [read post]
30 Apr 2019, 5:29 am
This focused on the three-step test of the Eli Lilly v Actavis UK Supreme Court decision and the subsequent UK cases applying that test. [read post]
24 Oct 2022, 12:00 am
The Opponent's lack of inventive step arguments in this case were similar to the types of argument successfully employed in the UK courts in, for example, Actavis v ICOS ([2019] USKC 15, IPKat) and Bayer v Teva ([2021] EWHC 2690 (Pat), IPKat). [read post]
12 Nov 2014, 10:15 am
Janssen and Teva file to protect Chicago disclosing trade secrets: Back in the summer, the city of Chicago commenced proceedings against several pharmaceutical companies, including Janssen, Purdue Pharma LP, Teva and Actavis alleging that they dishonestly marketed opioid painkillers including Oxycontin and Percocet for the treatment of common and non-cancer related chronic pain resulting in a reported public health crisis of addiction and abuse. [read post]
12 Oct 2015, 12:11 pm
| IP: When innovation is the answer to a spiritual funk Never Too Late 63 [week ending on Sunday 13 September] - Fair compensation in reprography and private copying: the ECS’ version | Substitute sellers | Teva UK Ltd & Another v Leo Pharma | Evidence-based IP policy | KitKat case | UK IPO’s priorities | UK IPO’s website vs… [read post]
20 Nov 2012, 6:57 am
Richard observes that these comments are made all the more relevant by the recent Kat-rant over the pathetically short time available for consultation in Actavis v Sanofi, a reference to the CJEU in which, this Kat believes, a good case could be made out for a more generous time allowance given the political and economic significance of the case's outcome. [read post]
23 Feb 2016, 1:53 am
**********PREVIOUSLY, ON NEVER TOO LATENever 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.Never too late 82 [week ending on Sunday 7 February] – PhD Student Seminar at CIPA | IP meets Antimonopoly law in Japan | German Federal… [read post]
21 Feb 2018, 1:48 am
PatentsIn a two-part report, the AmeriKat exfoliates the decision in L'Oreal v RN Ventures [2018] EWHC 173, in which Mr Justice Carr bristles with warnings on Actavis v Lilly claim interpretation, equivalents and prosecution history (Part I and Part II)Can Wenzhou and cigarette lighters tell us something about why there are IP rights? [read post]
25 Apr 2016, 5:00 am
| Actavis v Lilly | EU public consultation on neighbouring rights | Life as an IP Lawyer in San Francisco | Copyright in chess games | Trade surplus and IP | Fujifilm Kyowa Biologics v AbbVie Biotechnology. [read post]
20 Jul 2015, 2:43 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]
9 May 2017, 12:59 pm
Here's my checklist|Fujifilm v AbbVie: practice, procedure and policy analysis|Overturning a trade mark opposition decision - Part 2 - SOULUXE - likelihood of confusion|Overturning a trade mark opposition decision - Part 1 - IWATCH, descriptive goods and acquired distinctivenessNever Too Late 143 [week ending on Sunday 9 April] |French court rules that resale right royalty must be only paid by sellers I Tune in LIVE for tomorrow's Eli Lilly v Actavis Supreme Court… [read post]
15 Apr 2017, 4:17 am
Tune in LIVE for tomorrow's Eli Lilly v Actavis Supreme Court showdownThe Supreme Court was live online to hear Tom Mitcheson QC (supported by Andrew Waugh QC and leading Stuart Baran) for Eli Lilly against Danny Alexander QC (leading Thomas Raphael QC) for Actavis.Oldie but goldie - when is old prior art a suitable starting point for inventive step analysis? [read post]
17 Jul 2017, 3:39 pm
Here as promised is the second part of this GuestKat's commentary on Eli Lilly v Actavis UK [2017] UKSC 48, which promises to have much ink spilled and air of various temperatures emitted on its behalf in the coming weeks, months and years. [read post]
7 Mar 2016, 1:55 am
. | Design v Copyright in Italy | Unitary patent and double patenting | Regeneron Pharmaceuticals Inc v Kymab Ltd & Anor | IKEA in Indonesia | Eli Lilly v Janssen Sciences.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.Never too late… [read post]
25 Jan 2016, 1:31 am
Never too late 78 [week ending on Sunday 27 December] – Zer-sum claim and lookalike products | 2015 Copyright Awards | Santa Claus and Section 52 | Jani writes on Dallas Buyers Club LLC v iiNet Limited | IP Hairballs | Actavis v Eli Lilly | Power outage at USPTO | Santa's GC resigns | Pet rock and IP. [read post]
