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UPC Summer Quiz – The Results are in


The occasion of the autumn equinox seemed to be as good a time as any to release the results of the Kluwer Patent Blog summer quiz.  Sincere thanks to the 92 people who completed all 20 questions.  The results were interesting and genuinely surprising.  The highlights were as follows:

• No-one got all 20 questions correct.  In fact, this may be because some of the answers were arguable, although three leading UPC commentators (not counting the author who does not include himself in this bracket) were consulted about the questions as they were set.

• Three named respondents answered 14 questions correctly.  From these three, the name picked out of the hat was Peter van Gemert who wi [...]

Another win for Virgin

by Emma Muncey and Brian Cordery

With the Judges mostly on summer vacation, August and September have given some time for reflection on several decisions from the Patents Courts in July. One of those decisions was another defeat for Rovi against Virgin from the Court of Appeal in Rovi v Virgin [2015] EWCA Civ 781. Floyd LJ. gave the leading judgment of a unanimous Court. This is the twelfth patent in a row which Rovi has asserted against Virgin and which has been found to be invalid or revoked by either the English Courts or the EPO.

The judgment itself is relatively succinct and affirms the High Court’s decision to revoke Rovi’s patent and emphasises that a trial judge does not have [...]

Leo Roars Again

The end of July always brings a flurry of decisions from English Patents Courts at all levels as the Judges, understandably, seek to clear their desks before the summer vacation. This year was no exception with at least half a dozen judgments concerning patents being handed down in the space of two weeks. Among them was a gem from the Court of Appeal in the Teva v Leo [2015] EWCA 779 case in which the substantive judgment was given by Sir Robin Jacob with whom Kitchin and King LJJ agreed.

One of the most pleasing aspects of the decision is its length – a mere 9 pages including the cover page. It is also easy to read with Sir Robin, in customary style, deploying short sentences, colourf [...]

Kluwer Patent Blog Summer UPC Quiz

UPC Summer QuizSummer is here and the anticipated (but not yet actually arrived in the author’s personal experience) slow-down in activity may provide many Kluwer Patent Blog readers with the chance to draw breath and catch up on the latest UPC developments.  But how well do you know the UPC? Could you list the location of all the intended Local and Regional Divisions in reverse alphabetical order whilst building a sandcastle with a pair of enthusiastic toddlers? Could you summarise the Rules on Provisional Measures whilst erecting a beach tent in a 50km/h wind?  If not, try the Kluwer Patent Blog Summer Quiz. 

Here are the rules: give yourself 10 minutes and without peeking at the Agreement or the [...]

Salt limitation leads to sweet and sour Court of Appeal judgment

by Gregory Bacon and Brian Cordery

The Actavis v Eli Lilly UK litigation concerning pemetrexed (sold by Eli Lilly under the brand Alimta(®) has already been widely reported in light of Actavis’ innovative application to the English court for declarations of non-infringement (DNIs) of national designations of a European Patent in addition to the UK designation. The latest instalment concerns the Court of Appeal’s judgment in the appeal on the merits. In summary, the Court of Appeal refused to grant the declarations sought by Actavis. This overturned the decision of Mr Justice Arnold in the Patents Court, who had held that each of the UK, French, Italian and Spanish national designatio [...]

The best things in life are unexpected because there were no expectations (Eli Khamarov)

Apart from the enthralling Lyrica saga which began in earnest back in January, and the main trial of which recently began before Arnold J, 2015 has not witnessed many significant pharmaceutical patent decisions from the UK patents courts. Thus, three cases in this field which, rather like London buses, arrived almost simultaneously, have provided welcome food for thought to life sciences patent enthusiasts.

The three cases were Smith & Nephew v Convatec (24 June 2015) and Eli Lilly v Actavis (25 June 2015) from the Court of Appeal and a decision from Arnold J in Hospira v Genentech (24 June 2015), part of the on-going campaign to clear the way in respect of certain Genentech patents relatin [...]

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