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26 Jun 2015, 12:30 am
 Actually, Mr Justice Arnold had himself moved away from the idea already - he distinguished his decision in the later case of Idenix Pharmaceutical, Inc v Gilead Sciences, Inc (reported by IPKat here) in which he declined to construe a claim narrowly on the basis of the prosecution history.This did not however have any effect on the outcome - Floyd LJ otherwise endorsed Arnold J's application of the Protocol questions to likewise find that there was no direct… [read post]
29 Jun 2015, 9:36 am
 In the brand-new Court of Appeal decision just out - Actavis UK Ltd & Others v Eli Lilly & Company [2015] EWCA Civ 555 (25 June 2015), Lord Justice Floyd (Lords Justices Kitchin and Longmore concurring) disagreed with Arnold J on two main issues. [read post]
21 Jul 2014, 10:32 am
”Even here, however, we see signs that UK courts are trying to be more consistent with the EPO, and in the HGS v Lilly litigation, reading the decision of the Supreme Court in Human Genome Sciences Inc. v Eli Lilly and Company [2011] UKSC 51 (see IPKat here) it is possible discern in the judgment a desire to not only apply the jurisprudence of the EPO Boards of Appeal, but also to reach the same conclusion (of sufficiency of the claims) on the specific facts of the… [read post]
26 Apr 2015, 6:14 pm
As an example if one considers how inventive step was assessed in Teva UK Limited & Teva Pharmaceuticals Limited v Leo Pharma A/S & Leo Laboratories Limited [2014] EWHC 3096 (Pat) (see Katpost here) one sees that for a pharmaceutical formulation the following criteria may be relevant:* obvious to try * reasonable expectation of success * prejudice * inventive selection * the Technograph test (Technograph v Mills & Rockley [1972] RPC 346) * synergyMr Justice Birss… [read post]
14 Oct 2007, 7:52 pm
Medtronic, Inc., 496 U.S. 661, 678 (1990), by statutory command it is infringement nonetheless. [read post]
14 Aug 2023, 11:36 am by Silver Law Group
His previous employers include Duerr Financial Corporation (CRD# 18558) of Chino Hills, CA, Spelman & Co., Inc. [read post]
2 Dec 2015, 2:13 pm by Robert B. Milligan and Amy Abeloff
Besides the supporters appearing at the hearing today, the bill is also supported by a robust industry coalition that includes Adobe, AdvaMed, the Alliance of Automobile Manufacturers, the Association of Global Automakers, Inc., Biotechnology Industry Organization (BIO), The Boeing Company, Boston Scientific, BSA | The Software Alliance (BSA), Caterpillar Inc., Corning Incorporated, Eli Lilly and Company, General Electric, Honda, IBM, Illinois Tool Works Inc.,… [read post]
24 Jun 2011, 8:46 am by Christopher Danzig
District Court for the Eastern District of Virginia ruled on a breach of contract and fiduciary duty dispute between Symbionics Inc. and its former president, Christopher J. [read post]
27 Jan 2024, 9:13 am by Mavrick Law Firm
Eli Lilly & Co., 701 So. 2d 344, 347 (Fla. 1997) (The “statute of limitations for DES negligence actions begins to run on the date the plaintiff knew or should have known of his or her injury”); Fla. [read post]
6 Jan 2010, 2:05 pm by Tom Lamb
  From a December 23, 2009 Bloomberg article, "Amylin Falls as Analyst Says FDA Wants Byetta Study", by reporter Rob Waters: San Diego-based Amylin and Indianapolis-based Eli Lilly & Co., which co-market the drug, announced Oct. 30 that the Food and Drug Administration had cleared the drug for use as standalone therapy for Type 2 diabetics and that prescribing information would warn about the risk of pancreatitis, an inflamed pancreas, in patients with severe kidney… [read post]
11 Sep 2015, 4:00 am by Alan Macek
Apotex, Inc., [1990] 1 F.C. 221 (F.C.A.), the Court held that evidence on irreparable harm must be “clear and not speculative”. [read post]