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Australia, Austria, Belgium, Bulgaria, China, Czech Republic, Denmark, EPC, Estonia, European Union, Finland, France, Germany, Hungary, Iceland, India, Ireland, Italy, Latvia, Lithuania, Netherlands, Norway, Poland, Portugal, Romania, Russia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, Ukraine, United Kingdom, United States of America

Injunction, Japan, Pharma

, , (Abe, Ikubo & Katayama)/

On November 28, 2023, the Tokyo District Court issued a preliminary injunction order against Sawai Pharmaceutical Co., Ltd. (“Sawai”) to suspend the manufacture and sale of Sawai’s pharmaceutical product (“Sawai’s Product”) developed and sold as a generic drug of Bristol-Myers Squibb (“BMS”)’s cancer drug “Sprycel®” (Case No. 2023 (Yo) 30214; AIK represented BMS in this…

Brazil, Case Law

, , , (Licks Attorneys)/

On December 12, 2023, the President of the BRPTO gave a normative and binding character to four Opinions of the Specialized Federal Attorney’s Office, imposing restrictions on the actions available to applicants when appealing first instance decisions. Particularly, the Opinion limits the provisions of the Brazilian Patent Statute which guarantee the “full devolutive effect”. Similarly…

China, FRAND, SPC

(City, University of London) and (LL.M Gujarat Maritime University)/

On 4th December 2023, the Intermediate People’s Court of Chongqing Municipality in China handed down its FRAND determination in the global 5G patent licensing dispute between patent owner Nokia and the Chinese implementer Oppo. The Finnish multinational has already confirmed that it will appeal the decision, which marks the first time a court has issued…

France, Patents, Pharma

(Dhenne Avocats)/

Yes and no, it seems. Well, yes and then no, if recent French decisions are anything to go by. In short, Hesitations Blues reign. This attitude is all the more interesting given that the question, which arose more especially in the FINGOLIMOD case, has been raised before several European courts, all of which are opposed…

European Union, Unitary Patent, United Kingdom, UPC

/ /7 Comments

The EPO has recently announced it will ‘accelerate its processing of parallel opposition proceedings if it is informed by the Unified Patent Court or a national court or competent authority of a contracting state that an infringement or revocation action relating to a European patent or a Unitary Patent has been instituted before it.’ It…

Case Law, United Kingdom

(KU Leuven Centre for IT & IP Law)/ /1 Comment

The facts of the case On 21 November 2023, Sir Anthony Mann of the London High Court handed down a judgment in the case of Emotional Perception AI Ltd v Comptroller-General of Patents, Designs and Trade Marks [2023] EWHC 2948 (Ch). This judgment addressed the question whether artificial neural networks (ANNs) are excluded subject matter…

Brazil, Legislation, Pharma

, , (Licks Attorneys)/

On December 6, the Board of Directors (DICOL) of the Brazilian Food & Drug Agency (ANVISA) passed new regulations accepting an exemption to allow generics and branded generics (also called “similar” drugs) to remove patented uses from their labels – i.e., skinny labeling. The change will come into effect 60 days after the amended text…