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Hold-out leads to shut-out in latest FRAND ruling
The recent case of TQ Delta LLC v ZyXEL Communications Ltd [2019] EWHC 745 (Pat) has again explored the issue of injunctions for standard essential patents in the UK.
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Gasp - Mylan ordered to provide sample inhaler
It is generally well known that the saisie-contrefaçon procedures in France and Belgium provide an easy route by which patentees can obtain samples of products thought to be infringing before commencing formal proceedings and the information thereby obtained can usually be used in proceedings in other jurisdictions. Similar, albeit more restrictive, procedures are available in the English courts, as illustrated by the recent decision in Boehringer Ingelheim Pharma GmbH & Co. KG v Generics (UK) Ltd T/A Mylan and another [2019] EWHC 584 (Ch).
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Article 3(a) of the SPC Regulation – clarity at last?
Since we blogged on the CJEU's judgment in Teva v Gilead in July, Arnold J in the English High Court has decided that Gilead's SPC for the combination of Tenofovir Disoproxil (TD) and Emtricitabine does not comply with Article 3(a) and must be revoked.
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Chugai gets relief from the pain of its licence agreement
In this blog we look at the very recent decision of the Patents Court in favour of Chugai in the long-running patent and licensing dispute with the patentee, UCB. The judgment is interesting in looking at how an English judge applies US law of patent construction, and for helpful guidance on patent drafting.
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Further guidance from the CJEU on SPCs for combination products
In Teva v Gilead (C-121/17), the CJEU has given its answer to the question of when a drug composed of several active ingredients will be considered to be ‘protected by a basic patent in force’ under Article 3(a) of Regulation (EC) No 469/2009 (the SPC Regulation).
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Will EU law change to address challenges relating to 3D printing?
On 26 June 2018, the Committee of Legal Affairs of the European Parliament (JURI) published a report on three-dimensional printing specifically focusing on the challenges concerning IP rights and civil liability and called on the European Commission to consider such issues particularly when assessing Directive 2004/48/E (the "Enforcement Directive") and Directive 85/374/EEC (the "Product Liability Directive"). This has now been adopted by the European Parliament on 3 July 2018.
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Why your US colleagues are looking so relieved: SCOTUS issues its long awaited decision in Oil States
A sigh of relief could be heard from across the pond recently as the Supreme Court of the United States confirmed that inter partes review proceedings before the Patent Trial and Appeal Board are not unconstitutional.
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English court makes a call on jurisdiction for global FRAND licence
Are the English Courts the right forum for claims of patent infringement when the relief sought is the determination of a global FRAND licence? This was the question that Mr Justice Carr recently had to consider in Conversant Wireless Licensing SARL v Huawei Technologies Co. Ltd.
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Why forego an entitlement to costs? - The effects of failing to register a transaction in a patent
Although the adverse consequences were perhaps less than they otherwise might have been, the recent decision in L'Oréal Société Anonyme & L'Oréal (UK) Limited v RN Ventures Limited underlines the benefits of registering transactions in a patent at the Intellectual Property Office.
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The Advocate General's clarification of the 'Specific Mechanism' in Pfizer Ireland Pharmaceuticals v Orifarm
Advocate General Tanchev recently gave his opinion in Pfizer Ireland Pharmaceuticals v Orifarm concerning parallel imports of etanercept (a drug used for treating arthritis) from new member states into Germany. The Regional Court in Düsseldorf referred questions to the CJEU seeking guidance on the scope of the so-called 'specific mechanism' exception.