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  • IP Cases & Articles

    Unitary patent and Unified Patent Court progress

    Posted on 08 June 2015
    Following a comparatively quiet period in the first quarter of 2015, there has been a flurry of public activity in relation to both the Unitary patent (or European patent with unitary effect, to use its correct title – the UP), and the Unified Patent Court (UPC). In truth, this is…
  • IP Cases & Articles

    Broccoli and Tomato - Take Two

    Posted on 08 June 2015
    The European Patent Office's Enlarged Board of Appeal (EBoA) has now had a second look and issued its decisions on the so-called 'Broccoli' and 'Tomato' cases.
    Rachel Bateman
    Rachel Bateman
    Partner, Patent Attorney
    Antony Latham
    Antony Latham
    Partner, Patent Attorney
  • IP Cases & Articles

    Spains actions against unitary patent regulations

    Posted on 05 May 2015
    The Court of Justice of the European Union (CJ) today delivered its judgments in the challenges by the Kingdom of Spain to the two EU Regulations that will create the European patent with unitary effect.
  • IP Cases & Articles

    EPO second decision on Tomato and Broccoli cases

    Posted on 07 June 2015
    The EPO's Enlarged Board of Appeal (EBA) has now issued decisions on the Tomato and Broccoli cases for the second time. These decisions have been published as G 2/12 and G 2/13: G 2/12 was a referral from T 1242/06 and G 2/13 was a referral from T 83/05.
    Rachel Bateman
    Rachel Bateman
    Partner, Patent Attorney
  • IP Cases & Articles

    Groundless threat provisions - what are they for?

    Posted on 02 April 2015
    Groundless threat provisions under UK law are unique in the sense that they aim to safeguard the interests of both IP right holders and third parties at the same time. On one hand IP right holders may be wondering "what steps can I take to protect my IP rights? If…
  • IP Cases & Articles

    Patent litigation funding and insurance

    Posted on 01 April 2015
    For parties involved in patent litigation, the potential costs and financial risks involved can often be a significant factor in dictating strategy. In some cases, concerns about costs risks or a lack of funding may even be a complete barrier to commencing litigation against known infringers.
  • IP Cases & Articles

    Courts take a fresh look at toxic priorities

    Posted on 01 April 2015
    The concept of multiple priorities, sometimes referred to as partial priority or split priority, has long been a matter for debate in European patent law (and thus UK patent law [see end note 1]). However, interest in how the law governing multiple priorities is to be interpreted has been stimulated…
  • IP Cases & Articles

    EPO publishes new G3/14 decision

    Posted on 26 March 2015
    The EPO's Enlarged Board of Appeal have made available a copy of their decision on this case, which considers the issue of whether the Opposition Division are allowed (or even obliged) to consider the clarity of an amendment in which a dependent claim is 'inserted' into an independent claim.
    Alan Boyd
    Alan Boyd
    Partner, Patent Attorney
  • IP Cases & Articles

    Unitary patent: renewal fees disclosed

    Posted on 09 March 2015
    The potential cost of the European patent with unitary effect (the unitary patent), compared to the cost of a standard bundle of European patents, has been the subject of much debate - since over the lifetime of a patent, the renewal fees can account for a considerable proportion of the…
    Doug Ealey
    Doug Ealey
    Partner, Patent Attorney
  • IP Cases & Articles

    Second medical use and skinny label claims in the UK

    Posted on 27 February 2015
    In our most recent patent newsletter, we reported the decision of Mr Justice Arnold in Warner–Lambert Company, LLC v Actavis, handed down on 21 January, 2015 in which he dismissed an application for an interim injunction under a second medial patent for Pregabalin.

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