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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]
14 May 2023, 6:56 pm
 Pix Credit Audience Chamber Piazza della Signoria Apartments of the Priors c. 1543 In the United States at least, there has been an increasing worry about the state of U.S. relations (economic and political) with Latin American 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]