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13 May 2014, 9:23 am
"All this is compliant with the GAT and Folien decisions and the Corte di Cassazione ruling, as well the UK decision in Joined cases Actavis Group hf v Eli Lilly & Company (USA) and Medis ehf v Eli Lilly & Company (USA) [here]. [read post]
10 Jun 2014, 7:44 pm
In this post, guest contributor Paul England (Taylor Wessing LLP) explains the legal issues and their consequences:UKIPO -- a 'court' for the purposes of the Brussels I Regulation Some courts look like this ...With Actavis v Eli Lilly [noted on the IPKat here] still fresh in our minds, and amendments to the Brussels I Regulation (recast) progressing through the European Parliament in preparation for the Unified Patent Court, jurisdictional matters are a hot topic… [read post]
20 Sep 2015, 4:08 pm
******************PREVIOUSLY, ON NEVER TOO LATE 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 complete copyright legislation | Patent Attorney Qualifications | Mylan and Actavis v Warner-Lambert |… [read post]
8 May 2017, 10:17 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 Oldie… [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]
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]
22 May 2015, 10:38 am
Patentees can no longer take for granted profits made during the term of interim injunctive relief, irrespective of the outcome of the substantive claim.More generally, as regards the availability of interim relief against generic pharmaceutical companies where an invention is claimed in Swiss form, the outcome of the appeal of Arnold J's decision in Warner-Lambert v Actavis [2015] EWHC 72 (Pat) is awaited with interest.Many thanks to both Paul and Ailsa for both the summary and the… [read post]
27 Jun 2018, 7:24 am
Actavis | Can YouTube be primarily liable for users' infringements? [read post]
28 Mar 2016, 2:59 am
* BREAKING: UK Supreme Court to hear Actavis v Lilly pemetrexed battleThe Supreme Court has just published its list of cases that it will be hearing (or not) on appeal. [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]
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]
5 Oct 2015, 5:13 am
| IP: When innovation is the answer to a spiritual funkNever 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 complete copyright legislation | Patent Attorney Qualifications | Mylan and Actavis v Warner-Lambert |… [read post]
27 Apr 2015, 10:56 am
It has been all quiet on the pharma patent front since the beginning of March (when the epic series of first instance decisions on Swiss form claims came to and end: see here, here, here and here), and so this moggy was delighted when there fell into his paws the decision of Mr Justice Arnold in Novartis v Focus, Actavis, Teva [2015] EWHC 1068 (Pat).The case concerns a transdermal patch for rivastigmine, which is acetylcholinesterase (AChE) inhibitor used in the treatment of… [read post]
30 Oct 2014, 12:02 pm
“Some of the biggest generic drug companies — Mylan, Actavis and Teva Pharmaceutical Industries — have been aggressively snapping up other manufacturers in recent years,” Lazarus wrote, “reducing the number of players in the market. [read post]
4 May 2019, 6:15 am
| Applying the Actavis questions to numerical limitations: Regen Lab v Estar | Formstein defence in the UK? [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]
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]
8 Aug 2017, 12:10 pm
. | Changes to the Singapore copyright system: an update on the recent public consultations | he diplomatic crisis of Qatar and Gulf Cooperation Council's IP | Bundesgerichtshof's landmark ruling to hook extra-territorial patent infringement in Germany | BREAKING: Eli Lilly success as UK Supreme Court finds Actavis products directly and indirectly infringe pemetrexed patent | Monday Miscellany | Sunday Surprises Never Too Late 154 [week ending Sunday 2 July] I Book… [read post]
7 Jul 2015, 1:58 am
No, justsecond medical use ...The sudden return to the headlines of problems relating to second medical use patents, both on last year's AIPPI agenda and in Warner-Lambert's mega-litigation with Actavis over pregabalin [see eg the hugely popular Katposts by Darren, Annsley and even Jeremy here, here, here, here and here] pretty well guaranteed that this issue would feature on this year's programme (incidentally, this is the substantive legal issue that has attracted… [read post]
