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IP Cases & Articles
G 1/15: EPO allows stay of proceedings
As some readers may know, questions relating to partial priority and to poisonous divisional applications have been referred to the Enlarged Board of Appeal of the European Patent Office (EPO) as case G 1/15. -
IP Cases & Articles
SPC notification rules
The Court of Justice of the European Union (CJ) has now decided on the issue of how to calculate the correct expiry date of a supplementary protection certificate (SPC). SPCs are granted in the European Union (EU) for medicinal and plant protection products which require a marketing authorisation by a… -
IP Cases & Articles
IP survey results - UK businesses in the IP spotlight
For a number of years now we have been working in collaboration with the magazines New Electronics and Eureka to increase the level of understanding of what IP is and how it can be valuable to businesses. In support of this initiative we have been running IP surveys inviting the… -
IP Cases & Articles
Poisonous divisionals (G1/15)
In our April 2015 edition of this newsletter we discussed the concept of multiple priorities and how, based on a strict interpretation of comments made in decision G2/98 concerning priority, the situation has arisen whereby a patent can be found invalid with respect to the disclosure of its own priority… -
IP Cases & Articles
Second medical use claims and skinny labels
We have previously reported several decisions of the UK Patents Court and Court of Appeal in relation to Warner-Lambert's action against Actavis (and others), concerning whether Warner-Lambert's second medical use patent for pregabalin was infringed by Actavis selling the drug with a 'skinny label' not referring to the patented medical… -
IP Cases & Articles
Toxic priorities at the Enlarged Board of Appeal
Further to our article in our April 2015 patent newsletter (see link - right) concerning multiple priorities (sometimes known as partial or split priorities), the decision of the Technical Board of Appeal in case T 557/13 has recently been published. -
IP Cases & Articles
Jawbone v Fitbit: wearable fitness IP litigation
In recent years many smartphone manufacturers have battled one another in IP disputes to try and gain a commercial advantage in a rapidly expanding market. At the peak of Samsung and Apple's IP battle there were around 50 IP disputes globally. Following maturity in the sector, whilst little skirmishes continue,… -
IP Cases & Articles
Court of Appeal: UK second medical use claims
The Court of Appeal have overturned the Patents Court's view on the issue of infringement of Warner-Lambert's Swiss-type second medical use patent for pregabalin. -
IP Cases & Articles
Actavis v Eli Lilly: contributory infringement
After judge Arnold J declared that Actavis was not infringing Eli Lilly's European patent in France, Italy, Spain or the UK [see note 1 below] the Court of Appeal have now taken a broader approach to the construction of the claims and found that Actavis are contributory infringers [see note… -
IP Cases & Articles
Numerical limits revisited. Smith & Nephew v Convatec
Numerical limits in patent claims are, it seems, always open to interpretation, despite numerous cases that have considered the issue. A recent case in the English Court of Appeal, Smith & Nephew v Convactec [see note 1 below for case details], serves to illustrate why.
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