Article 123 (2) EPC and corresponding national provisions prohibit an applicant or patentee from amending a patent application or patent such that its subject-matter extends beyond the content of the application as originally filed. The statute is the same throughout Europe, but the practice is not always so. An issue where the Case Law of the EPO and the national courts seems to increasingly diverge is the admissibility of intermediate generalisations.
What are intermediate generalisations? Imagine the following exemplary situation: An EP application has a broad claim 1 consisting of features A, B and C. The application further contains several working examples which are directed to various [...]
It is hard to think of a recent SPC case before the UK courts where the judge has not had to refer questions to the CJEU in order to either clarify the terms of the SPC Regulation or the CJEU’s earlier interpretations. This necessity has arisen at an early stage in an action between Actavis and Boehringer Ingelheim before the High Court of England & Wales ( EWHC 2927 (Pat)) concerning the validity of an SPC for a combination product.
Boehringer Ingelheim were the proprietors of EP (UK) 0,502,314 which expired on 30 January 2012. Claim 5 of this patent was said to protect the active ingredient Telmisartan (used for the treatment of hypertension). This is the active ingredient in Bo [...]
In HTC Corporation v Gemalto SA and HTC Corporation v Gemalto NV  EWHC 1876 (Pat), Mr Justice Birss ruled upon the validity and infringement of two telecommunications patents concerning smart/chip card technology. The Claimant came to the High Court of England and Wales seeking revocation of the patents; the Defendant counterclaimed for infringement.
The 865 patent
The 865 patent, entitled ‘Using a High Level Programming Language with a Microcontroller’, was said to relate to using a high level programming language with a smart card or microcontroller. Gemalto contended that claims 1, 3, 8, 9, 15 and 18 were independently valid, and save for claim 9, they [...]
In my previous post of 2 August 2013 I made passing reference to the recent decision of the English Court of Appeal in the Copaxone litigation. This case was an appeal of the decision of Arnold J (previously reported here) where he found Yeda’s patent valid and infringed. With permission of the court, Mylan appealed that decision.
Yeda is the registered proprietor (and Teva is the exclusive licensee) of EP (UK) 0 762 888 (the “Patent”) relating to a synthetic copolymer known as copolymer-1. Teva markets a product containing copolymer-1 under the brand name Copaxone, which is used for the treatment of relapsing-remitting multiple sclerosis (the most common [...]
Section 70 of the UK’s 1977 Patents Act “the Act” (as shown below) creates a cause of action against a party that issues groundless threats of patent infringement:
(1) Where a person (whether or not the proprietor of, or entitled to any right in, a patent) by circulars, advertisements or otherwise threatens another person with proceedings for any infringement of a patent, a person aggrieved by the threats (whether or not he is the person to whom the threats are made) may, subject to subsection (4) below, bring proceedings in the court against the person making the threats, claiming any relief mentioned in subsection (3) below.
… (4) Proceedings may not be brought under this section f [...]
(4) Proceedings may not be brought under this section f [...]
This piece follows from two previous postings to this blog by Robert Lundie Smith on the Nokia/HTC/IPCom FRAND litigation before the High Court of England and Wales (here and here). This latest update, for which Robert is joined by colleague Carissa Kendall-Palmer, explains how the joint trial of FRAND issues in the aforementioned actions has been kicked into the long grass, potentially never to be found again; and how a further opportunity for the High Court to consider such issues, in an action between Vringo Infrastructure Inc. (“Vringo”) and ZTE (UK) Limited & ZTE Corporation (together “ZTE”), has also been delayed until after the court has had the opp [...]