The very latest briefing notes and news from Carpmaels & Ransford Latest briefing notes and news Unwired Planet v Huawei – one FRAND to rule them all The High Court’s finding that there is a single, potentially worldwide FRAND royalty rate applicable to any given set of SEPs and circumstances will have significant implications for UK SEP litigation Read More 21Jun Germany’s ratification of the UPC Agreement put on hold The Unitary Patent and the Unified Patent Court could be delayed following a request from the German Federal Constitutional Court Read More 16Jun Highly Recommended The firm and its partners are recognised in the IAM Patent 1000 Read More 14Jun Who’s Who Legal Four partners from Carpmaels & Ransford have been featured in the most recent publication Read More 15May Keeping up in the patent race for connected cars The interplay across technology sectors and competition between car manufacturers in the development of connected cars means that the established car manufacturers should ensure that they are not left behind in building and exploiting their patent portfolios Read More 26Apr The UK will still apply EU law post-Brexit The UK Government plans to provide continuity after Brexit by incorporating all EU law into UK law, thus minimising any changes when Brexit is complete. Read More 12Apr Unwired Planet v Huawei – essentially fair? In his judgment, Mr Justice Birss has demonstrated that the UK court is willing to lay down some ground rules which can be used by parties involved in licensing SEPs Read More 05Apr The UK moves forward with Brexit The UK has now formally notified the European Council that it plans to leave the European Union, in accordance with Article 50 of the Lisbon Treaty Read More 29Mar Carpmaels in the Community Giving our local environment a helping hand Read More 21Mar SPC workshop The day formed part of a legal study into the workings of the SPC system and included a wide-ranging discussion of possible changes to the SPC system Read More 20Mar Tea rooms & passing off The Willow Tea Rooms - a very British trade mark case Read More 20Mar UK patent prosecution firm of the year Carpmaels & Ransford is again recognised for excellence by MIP Read More 10Mar Italy ratifies the UPC agreement Italy has become the 12th member state to ratify the UPC agreement Read More 14Feb Partial priority – G 1/15 A new decision from the EPO’s Enlarged Board of Appeal marks a radical change in the EPO’s approach to assessing priority entitlement. Read More 03Feb Employee inventor compensation – guidance from the UK Court of Appeal The UK Court of Appeal has upheld the decision of the High Court and the UK Intellectual Property Office that an employee of Unilever, Professor Shanks, was not entitled to inventor’s compensation Read More 01Feb Carpmaels & Ransford ranked by World Trademark Review Trade Marks and Dispute Resolution team awarded a Silver ranking in WTR 2017 Read More 19Jan UPC expected to open in 2017 The UPC Preparatory Committee has announced today that the UPC is expected to open its doors in December 2017 Read More 16Jan Two new SPC references to the CJEU Two new references to Europe's highest court consider what constitutes the 'first' marketing authorisation for a supplementary protection certificate and what it means for a product to be 'protected by a basic patent in force' Read More 13Jan It is not what you say – it is what you do that counts Maintaining confidentiality of information under the EU Trade Secrets Directive Read More 22Dec Community Spirit We are passionate about supporting and developing our local community Read More 12Dec UK participation in UPC confirmed The UK intends to participate in the Unitary Patent (UP) and Unified Patent Court (UPC) Read More 28Nov IP Inclusive reception A successful first year for the IP Inclusive Charter Read More 22Nov New guidelines for assignment recordal at the EPO Welcome clarification or just more red tape? Read More 17Nov IP awareness workshops at LSBU Providing students with a better understanding of IP Read More 04Nov Carpmaels ranked by Chambers as a leading firm for the 10th consecutive year Intellectual Property: Patent & Trade Mark Attorneys - UK wide Read More 03Nov Intellectual property for start-ups What are the key considerations for getting IP right from the outset? Read More 25Oct Post-Brexit options for the UP and UPC Legal opinion shows UK could remain in the Unitary Patent and Unified Patent Court post-Brexit Read More 03Oct Legal 500 2016 Carpmaels & Ransford has been recognised for excellence by the latest Legal 500 directory. Read More 22Sep IPO Annual Meeting Corporate patent portfolio strategies in Europe in light of Brexit Read More 19Sep Accelerating patent prosecution in the UK via the Green Channel Early grant of a patent can be desirable not only for enforcement purposes but also for businesses for whom it is crucial to attract investors and secure funding. Read More 22Aug Update: Brexit and intellectual property rights in Europe Following the UK's vote to leave the EU a few months ago, the UK is slowly beginning the long process of a negotiated exit. Read More 19Aug IP Stars Handbook 2016 We are delighted that five Carpmaels partners have been recognised by Managing IP. Read More 19Aug Forthcoming Changes to the UK Patents Rules Following consultation earlier this year, the UK Intellectual Property Office (UKIPO) has accepted eleven proposed amendments to the Patents Rules 2007. Read More 15Aug De minimis – how low do you need to go? Napp Pharmaceuticals Holdings Limited vs Dr Reddy’s Laboratories and Sandoz Limited Read More 11Aug The Unitary Patent & Unified Patent Court Guide to Key Features & Perspectives Read More 11Aug English courts will not exercise jurisdiction over foreign designations of European patents where validity is also challenged The High Court has recently dismissed a request to hear an infringement action in respect of the German designation of a European patent. Read More 22Jul “A bee is an exquisite chemist” A bee hive has been installed on the roof of Carpmaels & Ransford’s central London office. Read More 16Jul The Patent Prosecution Highway: FAQs The Patent Prosecution Highway (PPH) programme has now been running for over 10 years. Although most patent applicants have, in that time, become familiar with the concept of the PPH, many potential users have unanswered questions about its mechanics and are yet to route any of their patent applications along it. Read More 15Jul Brexit and intellectual property rights in Europe In a referendum held on 23rd June 2016, the UK voted to leave the European Union Read More 04Jul EPO streamlines opposition process From 1st July 2016, the EPO will initiate a new streamlined opposition process. The intention is to bring opposition proceedings to a speedy conclusion and thereby establish legal certainty for all parties to the opposition proceedings and the public. Read More 02Jun High Priority! Maintain the chain. Failure to maintain a precise and timely chain of title between priority and subsequent applications can cause loss of priority entitlement in Europe. Read More 01Jun The Patent Box is Changing Shape The current UK Patent Box system is closing to new entrants from 30th June 2016. Read More 05May Patents Court rules in third technical Unwired Planet trial The UK Patents Court recently handed down its judgment in the third technical trial in the ongoing dispute Read More 15Apr Carpmaels boosts litigation practice with new hires Leading patent litigator joins the firm to complete the jigsaw of offerings Read More 09Mar European Trade Mark Reform. Changes to the Community Trade Mark… On 23 March 2016, an amended European Trade Mark Regulation will come into force. What are the key changes? Read More 09Mar The UK Supreme Court dismisses Trunki’s Registered Community Design appeal Trunki is the ride-on child’s suitcase that has been critically acclaimed and a commercial success. Unfortunately for Trunki, this success did not extend to the Supreme Court. Read More 09Mar Court battle over Unwired Planet patents continues The UK Patents Court recently handed down judgment in the ongoing dispute between Unwired Planet and various mobile phone and infrastructure manufacturers. Read More 24Feb Carpmaels & Ransford ranked by World Trademark Review Trade Marks team awarded a Silver ranking in WTR 2016 Read More 18Jan Carpmaels in the local community Our staff have volunteered to support a weekly Maths Booster Club Read More 03Dec Unwired Planet v Samsung & Huawei UK Court finds SEP valid and necessarily infringed through compliance with LTE standard Read More 04Nov Carpmaels ranked by Chambers as a leading firm for the 9th consecutive year Intellectual Property: Patent & Trade Mark Attorneys - UK wide Read More 30Oct Paul Bettridge gets interactive with LSBU Budding entrepreneurs acquired some valuable insights into design rights this week Read More 28Oct Seattle Genetics (C-471/14): CJEU confirms that SPC terms are to be calculated from the date of notification CJEU confirms that SPC terms are to be calculated from the date of notification of the marketing authorisation. It’s good news from the CJEU for those SPC owners who have been hoping for additional SPC term in Europe. Read More 06Oct Seattle Genetics: Advocate General’s opinion points towards longer SPC terms Good news could be on the horizon for SPC owners hoping for additional SPC term in Europe, following the Advocate General’s (AG) opinion in the Seattle Genetics SPC referral currently being considered by the CJEU (C-471/14). Read More 10Sep All change for priority at the EPO? The EPO’s highest instance, the Enlarged Board, has been asked to provide an updated test for assessing priority. Read More 13Aug A Fresh Start The Patents Court in the UK recently handed down an interim judgment in Unwired Planet v Huawei & Samsung et al., which considered a number of issues concerning the transfer of a FRAND obligation. Read More 31Jul Claimed numerical ranges scrutinised by the English courts English Court of Appeal rules in favour of ConvaTec in the latest chapter of the dispute over silverised wound dressings, holding that Smith & Nephew’s process falls within the claimed numerical range, despite an attempted work around to avoid explicit numerical limits. Read More 23Jul European Union Community trade marks (CTMs) If you are interested in selling your products or offering services in a number of countries that are members of the European Union, you may find that the CTM system offers you the best route for securing protection of your trade mark. Read More 30Jun The EPO – time for talk? The requirements of examining increasing numbers of patent applications whilst maintaining efficiency and quality have always been testing for the EPO. Read More 07May CJEU rejects Spanish unitary patent challenge After a longer than expected gap, the CJEU issued a press release announcing its judgments on Spain’s most recent challenges to the legality of the unitary patent and Unified Patent Court system. Read More 05May SPCs for biologics Guidance on product definitions, scope and validity from the EFTA Court in Pharmaq v Intervet (E-16-14). Read More 23Apr An introduction to clarity in EPO oppositions In March 2015, the EPO’s Enlarged Board of Appeal decided on the extent to which amendments made during opposition proceedings can be examined for clarity, following a referral from a lower Board. Read More 16Apr Tomatoes and Broccoli at the Enlarged Board again – patent protection is available for plants and fruit. In its second bite at the Tomatoes and Broccoli cases, the Enlarged Board has confirmed that plants and plant materials produced by biological processes are not excluded from patentability. Read More 07Apr Software and business method patents in Europe and the UK Patents for software and business methods have been a contentious topic of discussion amongst patent practitioners in Europe for a long time. Our briefing note on the subject has been updated to take account of recent developments, and aims to explain the current situation and resolve common misconceptions. Read More 01Apr Actavis v Boehringer (C-577-13): What is the “sole” subject matter of an invention? On 12th March 2015, the CJEU handed down its judgment in the Actavis v Boehringer referral. This judgment deals with questions referred by the High Court of England and Wales that relate specifically to SPCs for combinations of active ingredients. Read More 12Mar English courts tackle Swiss claims and off-label use The English courts have recently considered a question pivotal to the perceived value of Swiss-type claims: to what extent can such claims be used to restrict off-label use where other uses of a drug are no longer protected by a patent? Read More 05Feb Partial priority referred to the EPO’s Enlarged Board – an antidote to “toxic divisionals”? The EPO’s Enlarged Board of Appeal is to consider how to assess partial priority, in a decision that could signal the end of the controversial "toxic divisional" novelty attack. Read More 06Jan UPC – Licensing considerations Licensors and licensees of European patents and patent applications should consider whether their agreements are suitable for the establishment of the UP and UPC. Read More 04Jan Will the public suffer? Let’s stay! A recent decision from the UK Court of Appeal in Adaptive Spectrum and Signal Alignment Inc. v British Telecommunications Plc. has shown that the UK courts are prepared to impose injunctions on big telecoms operators, but that in doing so consideration may well be given to the effect an injunction will have on the public. Read More 18Dec It all depends on the facts The UK Court of Appeal recently issued a judgment in Lantana Ltd’s application which provides a useful summary of tests for excluded subject matter in the UK set out in previous cases. However, the judgment does little to clarify what continues to be a rather opaque and fact-specific area of the law. Read More 04Dec A sting in the tail of the UK Intellectual Property Office’s new opinions service The UK Intellectual Property Office (UKIPO)’s opinions service has been given more substance, and the Office has been given the power to revoke patents in certain situations. Since the request for an opinion by a third party is likely to grab the attention of the patentee, what opportunities does this new service provide? Read More 27Nov EU proposes reining in the rights of holders of Standard Essential Patents. Advocate General issues his opinion in Huawei v ZTE in its referral to the Court of Justice. Read More 25Nov The IPEC leaves its cap on The caps that are in place for the Intellectual Property Enterprise Court (IPEC), formerly known as the Patents County Court (PCC), provide claimants and defendants alike with certainty with regard to damages/account of profits and orders in relation to costs. This case (Abbott and another v Design & Display Ltd and another [2014] EWHC 3234 (IPEC)) focussed on how the cap relating to awards of damages/account of profits should be applied in actions involving more than one defendant. Read More 20Nov UK court decides milk bottle patent case without trial UK courts have the power to dispose of all or part of a case without a trial if there is no real prospect of success. In a decision upheld by the Court of Appeal, the defendant in the patent case of Nampak Plastics Europe Limited and Alpha UK Limited has successfully made use of these powers, receiving a favourable declaration of non-infringement from the High Court without the need for a trial. Read More 06Nov Second medical use claims for devices – an uneven playing field? European patent law offers extra protection for pharmaceuticals that is not available for medical devices. Second medical use claims for pharmaceuticals are routinely accepted in Europe, whereas the same style of claim is generally not permissible for medical devices. Recent case law has seen a shift towards rewarding new uses for existing medical devices, but achieving such protection requires care during prosecution. Read More 30Oct IP Act 2014 – Changes to UK designs law come into force In an earlier briefing note, we summarised the main changes to UK law introduced by the Intellectual Property Act 2014. A number of these changes come into effect today (1st October 2014), including measures intended to modernise, simplify and strengthen the law relating to designs – an area of protection often overlooked by IP owners. This short article reviews some of the more significant changes to designs law brought about by provisions in the Act. Read More 01Oct Extended protection for medical devices – a hot topic in the UK Manufactures of medical devices are requesting an increasing number of patent term extensions in a bid to recover the cost of getting regulatory approval. Recent decisions show that the UK IPO is taking a strict approach when examining patent term extensions for medical devices, but there are still situations where extra protection might be available. Read More 21Aug Patentable parthenotes? Advocate General says yes In the latest development to the patentability of human stem cells, the AG has recommended that stem cells derived from parthenogenically activated oocytes should not be excluded from patentability any longer. The AG drew the distinction between totipotent and pluripotent cells, noting that cells that do not have the capacity to develop into a human being should not be excluded from patentability. Read More 31Jul UK High Court makes sense of CJEU’s decision on interpretation of Article 3(a) In a pro-patentee judgment, the UK High Court suggests that SPCs can be based on most types of claim provided that the product which is the subject of the SPC falls within the scope of the claim. Read More 29Jul Intellectual property rights and 3D printing: a threat or an opportunity? The latest developments in 3D printing and the implications for IP protection. Read More 28Jul Should High stay, for EPO? Actavis and Pharmacia clash in the High Court Mr Justice Arnold in the Patents Court of the High Court of England and Wales (the ‘Patents Court’) initially refused a request by the patentee, Pharmacia, for a stay of UK revocation proceedings brought by Actavis, pending the outcome of opposition proceedings at the EPO based on three undertakings. Read More 24Jul Changes to searches on applications entering Europe via the PCT As of 1st November 2014, the EPO is changing the way it searches PCT applications entering the European regional phase which are considered to relate to more than one invention. These changes will result in increased flexibility for the applicant and should help to reduce the likelihood of encountering unexpected costs. Read More 14Jul A measure of outstanding employee inventor compensation – Shanks v Unilever In a decision dated 23rd May 2014, Mr Justice Arnold in the UK High Court dismissed Professor Shanks’ appeal and upheld the UKIPO decision not to award Professor Shanks any employee inventor compensation. Read More 19Jun Patchy report from a gynaecology conference is enough to stop morning after pill patent. The UK’s High Court has decided that Richter Gedeon’s patent for a single dose of the emergency contraceptive levonorgestrel is invalid in view of a report published a few months before the priority date revealing the preliminary results from an incomplete study of the drug. Read More 12Jun Clinical trials in the UK are given immunity to patent infringement New legislation introduced by the UK government should shield clinical trials in the UK from the risk of patent infringement from 1st October 2014. Read More 05Jun Board of Appeal finds Swiss-type claims have different scope to EPC 2000 second medical use claims A decision (T1780/12) from the EPO technical boards of appeal indicates that Swiss-type claims of the form “Use of [product X] in the manufacture of a medicament for the treatment of [disease Y]” provide a different scope of protection than EPC 2000 second medical use claims of the form “[product X] for use in the treatment of [disease Y]”. Read More 29May EDS v Synergy and Gravitas [2014] EWHC 1306 This recent decision of the Intellectual Property Enterprise Court (IPEC) demonstrates the importance of parties being clear in their pleadings about the technical field of the skilled person when seeking to invalidate a patent for obviousness in the UK. It also highlights problems that can arise in selecting expert witnesses. Read More 22May EU spells out its approach to standards and patents On 29th April 2014, the European Commission released two significant decisions concerning standard essential patents (“SEPs”) in respect of Motorola Mobility (“Motorola”) and Samsung. Read More 02May Genentech’s Herceptin purification patent fails to pass the acid test. The UK’s High Court has decided that Genentech’s patent relating to a composition of Herceptin with reduced acidic variant content is invalid. Read More 01May Rovi v Virgin The procedural and legal complexities which can result from differing decisions handed down by the EPO and UK courts was illustrated recently in a judgment from the UK Patents Court. Read More 01May Less is more, but still not enough, for Genentech’s dosing schedule patent The High Court has decided, in a single judgment, that Genentech’s patents relating to a dosage regimen for Herceptin and a purified composition of non-acidic variants of Herceptin are invalid. This article focuses on the dosage regimen patent. Read More 24Apr No sitting on the fence for IPEC IPEC holds that groundless threats of patent infringement proceedings were made. Read More 03Apr “I want you to stay”: UK Court of Appeal agrees to await outcome of EPO central limitation The EPO central limitation procedure has shown its potential to disrupt infringement and validity hearings in the UK courts, after the Court of Appeal agreed to adjourn an appeal in the ongoing dispute between Apple and Samsung. Read More 27Mar Cosmetic Warriors Ltd and Lush Ltd v Amazon.co.uk Ltd and Amazon EU Sarl A High Court decision concerning Amazon’s use of the LUSH trade mark as a Google AdWord and as a suggested term on the Amazon website when, as a matter of fact, LUSH products are not available for sale through Amazon. Read More 14Mar Jack Wills Ltd v House of Fraser (Stores) Ltd The High Court of England & Wales has found that House of Fraser’s use of a "Pigeon logo" infringed Jack Wills’ "Mr Wills logo" trade mark on the basis of a likelihood of confusion and also on the basis that the "Pigeon logo" took unfair advantage of the reputation in the "Mr Wills logo". Read More 11Mar The Patent Prosecution Highway The Patent Prosecution Highway (PPH) offers a system through which patent prosecution can be accelerated in one participating jurisdiction provided the claims of interest have been found to be acceptable in another participating jurisdiction. Read More 05Mar Financial pitfalls associated with an interim injunction In AstraZeneca v KRKA, d.d. Novo Mesto and Consilient Health Ltd. ("KRKA"), the Mr Justice Sales of the UK High Court has considered the merits of arguments put forward when trying to recover damages following a cross‑undertaking in respect of an interim injunction that was subsequently discharged. Read More 27Feb ConvaTec fails to find a silver lining in its latest dispute with Smith & Nephew The High Court decided that Smith & Nephew’s DURAFIBER AgTM wound care product does not infringe ConvaTec’s patent relating to silverised wound dressings, and refused to grant springboard relief to ConvaTec based on infringing experiments carried out by Smith & Nephew to obtain regulatory approval for their product. Read More 20Feb European Trade Mark Proceedings & Litigation Fast, cost-effective dispute resolution by professionals working exclusively on IP matters. Read More 12Feb Preliminary injunctions readily available for process patents in the UK. The UK High Court has again shown its willingness to grant preliminary injunctions in its decision BASF SE v Sipcam (UK) Ltd. This decision highlights the importance of pre-trial conduct and the need for cooperation between parties if they are to avoid adverse decisions in actions for injunctive relief in the UK. Read More 23Jan The status of European States By extending protection by up to five and a half years, SPCs are one of the most valuable forms of intellectual property. The following document demonstrates availability in most European countries. Read More 01Jan CJEU allows multiple SPCs per patent under a qualified test, but uncertainties remain On 12th December 2013, the CJEU handed down its rulings in three cases, Georgetown II (C-484/12), Actavis (C-443/12) and Eli Lilly (C-493/12), which have had SPC practitioners on tenterhooks for some time. Read More 19Dec Appeal to stay proceedings dismissed in favour of the patentee A decision of the Patents Court of the High Court of England and Wales (the 'Patents Court') to refuse a stay of proceedings pending the outcome of proceedings at the European Patent Office (EPO) has been unsuccessfully appealed by HTC in IPCom v HTC. Read More 05Dec Finance and IP Our recent guide, published in conjunction with the British Private Equity and Venture Capital Association (BVCA), notes that conducting intellectual property (IP) due diligence is essential when assessing whether and how to invest in a business. Read More 29Nov Extending pharmaceutical patents in the UK The contentious world of patent extensions for pharmaceutical products has come under the spotlight again in a recent UK decision: Actavis v Boehringer. The decision signals that the UK courts are keen to extend pharmaceutical patents, even where the product is a combination of two known active ingredients, but the final say will now go to Europe’s highest court (the CJEU). Read More 07Nov Shopping for a technical effect (T 1670-07) We report on a recent Technical Board of Appeal decision at the EPO which gives us a glimpse at how arguments often used when attempting to establish an inventive step may be perceived by the Boards. Read More 25Oct Is EU Community design the top dog in design protection? It can be hard to choose the most appropriate and cost-effective means of protecting designs within the European Union. This article looks at the issues that parties may wish to consider if they import, distribute or sell products within the European Union by reference to their innovative, visual appeal. Read More 17Oct New “fast track” trade mark oppositions in the UK A new "fast track" trade mark opposition procedure was introduced in the UK on 1st October 2013 as an alternative to the standard opposition procedure in some cases. Read More 08Oct Change in European law on customs & anti-counterfeiting measures Owners of IP rights can record their rights with customs authorities in some or all EU countries to help protect against counterfeiters. Read More 04Oct The risk of threatening a competitor with a UK patent infringement action Threatening to sue for patent infringement in the UK courts can result in significant financial liability for the person making the threat if the patent is found to be invalid and the threat therefore unjustified, as illustrated recently by the UK Court of Appeal in Sudarshan v. Clariant. Read More 05Sep Plausibility and the role of post-published evidence in UK litigation The Court of Appeal has dismissed Mylan’s appeal against the High Court’s decision upholding the European patent (UK) protecting Teva’s largest branded drug, the multiple sclerosis treatment Copaxone®. Read More 29Aug hES cell patents in Europe – what’s the point? The ECJ’s previous decision has been interpreted to mean that use of hES cells from established cell lines obtained by "destructive methods" is not patentable. In spite of this, you may be able to get claims granted by the European Patent Office (EPO) which on their face encompass hES cells. But is there any point in getting claims like this granted, or is there freedom to operate? Read More 22Aug Broccoli and tomatoes EPO Enlarged Board of Appeal defines the extent to which plant crossing and selection processes are excluded from patentability as essentially biological processes under Article 53(b) EPC. Read More 20Aug Supreme Court puts to bed the principle leading to damages for infringing an invalid patent In a significant recent judgment the Supreme Court (the UK’s highest court) has revisited and overturned a legal principle developed by the UK courts over 100 years. Read More 25Jul Preliminary injunctions available in the UK despite first instance invalidity finding The UK Court of Appeal (CoA) has reversed an earlier decision of the High Court and granted Novartis a preliminary injunction (PI) against Hospira, preventing sales of generic zoledronic acid for treating osteoporosis. Read More 13Jun Nespresso® patent roasted in the High Court The High Court judgment regarding Dualit’s supply of disposable ground coffee capsules compatible with Nectec’s patented machines examined whether display at a convention and field tests destroyed novelty, and assessed whether indirect infringement had taken place. Read More 13Jun UK Court of Appeal considers the patentability of touchscreen-related inventions A recent judgment of the UK Court of Appeal in HTC v Apple considered whether computer implemented methods utilised in touchscreen devices were excluded from patentability. Read More 30May A Court of Justice reference breathes life into Sigma’s parallel importation appeal The Court of Appeal has recently handed down a decision indicating its intention to refer questions relating to the Specific Mechanism to the Court of Justice (Europe’s highest court; the CJEU) on an appeal from the Patents County Court. Read More 02May When is making a patented product not an infringement? Werit is making a repair The recent judgment in Schütz v Werit from the Supreme Court provides guidance on the question of when repairing a patented product by replacing a component part infringes a patent to the product as a whole. This guidance will be welcomed by those who repair patented products in the UK. Read More 18Apr Samsung v Apple, again As the war for world smartphone domination rages on, the latest battle between two of the major belligerents, Samsung and Apple took place in the UK. Read More 11Apr Inventive step – what to develop? Where a patent's novel feature provides no new effect the UK courts may still consider arguments for inventive step, as illustrated by the recent decision of the UK High Court regarding the patent for the anti-malarial Malarone®. Read More 07Mar But finishing was never part of the (paediatric investigation) plan… The UK's High Court recently decided upon Dr Reddy's application to revoke the 6 month paediatric extension of Warner-Lambert's SPC for atorvastatin (Lipitor), which is used for lowering blood cholesterol. Read More 17Jan UK disclosure is a powerful tool in patent litigation The disclosure process under English law creates powerful opportunities during patent litigation. Careful use of disclosure can reduce costs and speed up proceedings across Europe, as shown in recent litigation between Danisco and Novozymes. Read More 29Nov Apple loses appeal on “cool” design The much-publicised dispute between Samsung Electronics (UK) Limited and Apple Inc. continues. Read More 01Nov Victorious Samsung “not as cool” as Apple, rules Birss The business and technology pages of newspapers and websites across the globe have been awash with stories of the so-called "smartphone wars", which have thrust intellectual property issues to the forefront of the world's media. Read More 26Jul Neurim – “the most important SPC judgment ever” On 19th July 2012 the CJEU, Europe's highest court, issued its ruling in case C-130/11 Neurim Pharmaceuticals. Read More 22Jul HTC prevails against Apple in the UK Patents Court IP news has been dominated by a series of on-going disputes between Apple and other major players in the smartphone market; the so-called “smartphone wars”. Read More 19Jul Furrowed brows for L’Oréal at end of Allergan BOTOX® battle On 10th May 2012 the First Chamber of the Court of Justice of the European Union (CJEU) gave its judgment on the appeal brought jointly by Helena Rubenstein and L’Oréal against the 16th December 2010 judgment of the General Court of the European Union, which dismissed appeals filed by the two parties. Read More 21Jun Merck’s silence irrelevant as Sigma is left gasping Merck Canada Inc. holds a UK patent and a UK SPC covering the active ingredient in the asthma treatment Singulair. It started an action for infringement of these rights by Sigma Pharmaceuticals PLC, which was importing Singulair from Poland into the UK. Read More 31May Regeneron and Bayer caught in Genentech’s VEGF Trap In the UK leg of the litigation relating to the potential blockbuster drug Eylea, marketed by Regeneron Pharmaceuticals, Inc. and Bayer Healthcare, the High Court has handed down a judgement ruling that Eylea infringes a patent held by Genentech, Inc. Read More 05Apr An Important Day for Supplementary Protection Certificates On Friday 10th February, the UK High Court had a busy morning applying recent decisions of the Court of Justice of the European Union (CJEU) in Medeva (C-322/10) and related referrals, to real world situations involving Supplementary Protection Certificates (SPCs). Read More 23Feb SPCs – Decisions rain down from the Court of Justice of the European Union (CJEU) Between late November and mid-December, there was a flurry of activity at the CJEU, with a number of decisions being handed down that are relevant to Supplementary Protection Certificates (SPCs) - a unique form of intellectual property right that provides an additional monopoly that comes into force after expiry of a patent. Read More 26Jan Exclusion of “uses of human embryos for commercial or industrial purposes” from patentability in EEA The Court of Justice of the European Union (CJEU) considered the scope of the exclusion from patentability of "uses of human embryos for commercial or industrial purposes" in its judgment C-34/10 handed down on 18th October 2011. Read More 08Dec Medeva – Georgetown (C-322-10 and C-422-10) The EU's highest court explains how to get an SPC for a combination drug, and confirms that an SPC for a single active ingredient can be used to stop sales of a combination drug containing the same active ingredient. Read More 30Nov The transfer of priority rights The question of who is a “successor in title” to the right to claim priority has recently been considered again by the UK Patents Court in KCI Licensing. Serious doubt remains over the validity of retroactive (nunc pro tunc) assignments to rectify defects. Read More 09Sep Court of Justice decision in Monsanto v Cefetra (C-428-08) The scope of protection of DNA claims insofar as they protect material incorporating a DNA that is not able to perform the function for which it was patented has been decided in a recent ECJ Judgment. Read More 09Jul The patentability of diagnostic and surgical methods in the EPO Decisions G1/04 and G1/07 address the extent to which a diagnostic method and a method involving an invasive intervention on the body are excluded from patentability under the EPC. Read More 07Jul EPO to get tough on multiple independent claims From 1st April 2010, the European Search Report will be limited to a single independent claim in each category. Read More 01Jan EPO Enlarged Board of Appeal allows claims to dosage regimes G2/08, handed down by the Enlarged Board on 19th February 2010, confirms that inventions solely distinguished by a dosage regime may be patented in Europe. This important decision has cleared up long-standing uncertainty in the law and provides new and wide-ranging opportunities for patentees to protect their pharmaceutical inventions. Read More 09Nov Enlarged Board of Appeal Decisions G1/05 & G1/06 on Divisional Patent Applications The Enlarged Board of Appeal of the EPO has handed down an important decision clarifying the requirements for filing a valid divisional application in the EPO. Read More 09Nov Six-month SPC term extensions under Regulation (EC) No 1901-2006 Regulation 1901/2006 provides valuable incentives, including six-month SPC term extensions, to reward pharmaceutical companies for meeting various requirements. Read More 09Sep Service ProtectDealDispute Sector Life SciencesChemistryEngineeringTechCreative Type News item Briefing Note Archive 2017 2016 2015 2014 2013 2012 2011 2010 2007
