Dispute

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.
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25
Nov
2014
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.
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20
Nov
2014
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.
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06
Nov
2014
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.
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29
Jul
2014
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.
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24
Jul
2014
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.
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19
Jun
2014
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
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12
Jun
2014
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]”
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29
May
2014
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.
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22
May
2014
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
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01
May
2014

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