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IP Cases & Articles
After Actavis: UK patent decisions post Actavis v Lilly
In Actavis v Lilly the Supreme Court introduced a doctrine of equivalents and a limited form of file wrapper estoppel into UK law. This case law has been applied in Generics v Yeda, L’Oréal v RN Ventures and Fisher & Paykel v Resmed. -
IP Cases & Articles
Inter partes review - challenges at US Supreme Court
In two recent decisions published simultaneously the US Supreme Court examines the constitutionality and the extent of inter partes review (IPR) at the Patent Trial and Appeal Board (PTAB). -
IP Cases & Articles
AG opinion in 'thorny issue' of Truvada SPC case
Advocate General (AG) Wathelet has given his opinion in relation to the question referred by the English Court concerning the interpretation of Article 3(a) of the supplementary protection certificate (SPC) regulation, particularly what are the criteria for deciding whether a product [see note 1 below] is “protected by a basic… -
IP Cases & Articles
T 0261/15 - novelty of overlapping ranges
In T 0261/15, a European Patent Office (EPO) Board of Appeal upheld a decision of the Opposition Division maintaining European patent No. 2247764 (British Steel Ltd) as granted. Significantly, the Board of Appeal decided that the limit values of a known range, although explicitly disclosed, are not to be treated… -
IP Cases & Articles
Louboutin v Van Haren Schoenen: CJEU interpretation of Shape
Christian Louboutin v Van Haren Schoenen and the CJEU’s interpretation of ‘shape’ within Article 3(1)(e)(iii) of Directive 2008/95. -
IP Cases & Articles
T 0384/15 Earpiece/FREEBIT: strawman oppositions
If an opponent files an opposition before the European Patent Office via a strawman can one of its group companies intervene? -
IP Cases & Articles
TQ Delta v Zyxel Communications: confidentiality clubs
Pre-action or specific disclosure (discovery) of earlier patent licences is, in certain types of cases, becoming increasingly common in English patent litigation. -
IP Cases & Articles
Military Mutual v Police Mutual: Extended Passing Off
In the United Kingdom, the law of passing off fills the gap in intellectual property protection afforded by registered rights usually filled by unfair competition in civil law jurisdictions. While narrower than unfair competition, it has proved a flexible law, developing from ‘traditional’ passing off to include ‘extended’ passing off.… -
IP Cases & Articles
Pfizer v Orifarm: SPCs and parallel imports
Since 2000, the European Union has expanded from 17 to 28 member states. The integration of those states has given rise to a number of issues in the field of intellectual property. With regard to supplementary protection certificates (SPCs), one issue which has arisen is whether the holder of an… -
IP Cases & Articles
Walton v Verweij Fashion: notice of discontinuance
When commencing infringement proceedings, one should always be mindful of how to extricate oneself from those proceedings, if needed. In the UK, bar settlement, the normal course is to serve a notice of discontinuance in relation to all (or part) of the claim. The consequence of this is usually that…
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