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IP Cases & Articles
Unified Patent Court - Rules of Procedure Consultation
By the time this newsletter is published, the consultation on the draft Rules of Procedure of the Unified Patents Court (UPC), launched by the Preparatory Committee at the end of May, will have closed. Numerous companies, industry bodies, practitioner and professional organisations, firms and individuals have participated and it will… -
IP Cases & Articles
TRIPs Cant go Back in Time - CJEU Has The Last Word
In a recent decision, the Court of Justice of the European Union (CJEU) has ruled on the applicability of the Trade-Related Aspects of Intellectual Property Rights (TRIPs) agreement. While the decision merely confirms the already accepted position for patenting pharmaceutical products, it could have potential significance in opening up a… -
IP Cases & Articles
Post-Published Evidence - Generics v Yeda and Teva
Back in July 2013, the Court of Appeal handed down its decision in Generics [UK] Limited v Yeda Research & Development Co Ltd & Teva Pharmaceuticals Industries Ltd [2013] EWCA Civ 925. This was an important decision for the admissibility of evidence published after the priority date of the patent… -
IP Cases & Articles
UKIPO Halts Proposals for 90 Day Patent
The UK Intellectual Property Office (UKIPO) has decided not to implement the proposed ‘superfast’ patenting service following a consultation process. We reported the proposal for what became known as a ‘90-day patent’ in our August 2013 patent newsletter (article 04, edition no. 36). -
IP Cases & Articles
Virgin Atlantic Airway v Zodiac Seats UK
The Supreme Court has handed down a long awaited decision in Virgin Atlantic Airway Ltd v Zodiac Seats UK Ltd, which overturns a controversial line of previous UK case law including Poulton v Adjustable Cover and Boiler Block Co, Coflexip SA v Stolt Offshore MS Ltd, Unilin Beheer BV v… -
IP Cases & Articles
Novartis v Hospira - Interim Injunction Granted
Interim injunctions are a discretionary remedy granted prior to full trial to restrain an alleged infringer from committing the alleged infringing act. The well known, leading case which set out three principles for the English courts to follow when granting an interim injunction is American Cyanamid [1975] AC 396. -
IP Cases & Articles
Gene Sequence Patents in the US - Actions due to Myriad
Isolated DNA: unpatentable. Synthetic cDNA: patentable. -
IP Cases & Articles
Bringing Evidence - Phil & Ted's v TFK
This case, being heard at the Patents County Court (PCC), was as the judge described it, a "conventional patent action". The action concerned products known as baby buggies. -
IP Cases & Articles
UK Proposes 'Superfast' New Patent Service
The United Kingdom Intellectual Property Office (UKIPO) has published a proposal for a 'superfast' patent service, and has collected feedback on its idea from interested parties. -
IP Cases & Articles
Enlarged Board of Appeal: new pending referral (G 1/13)
The first referral to the Enlarged Board of Appeal relates to the interaction between the provisions of national law and the EPC. This referral is derived from an appeal before the Technical Board of Appeal (T0022/09) and concerns the effect of the restoration of a company to the register of…
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