A recent decision by the German Federal Court of Justice (Polyesterabmischungen, X ZR 90/11) relating to a patent concerning polyester resin blends may be instructive to demonstrate how an experimental report reproducing a prior art test instruction can be helpful to a nullity plaintiff, even if the description in the prior art document is incomplete…

Case reported and summarized by Gregory Bacon, Bristows LLP Mr Justice Carr is only a few months into his judicial career, but having already provided welcome guidance on the role of plausibility in considering both the questions of inventive step and sufficiency (see earlier blog post on Actavis v Eli Lilly), he has now produced…

As readers well know, according to article 56 of the European Patent Convention “an invention shall be considered as involving an inventive step if, having regard to the state of the art, it is not obvious to a person skilled in the art.” In practice, the application of this article requires factual and legal assessments…

Mr Justice Carr has only been sitting as a full time judge for just over a month and yet in his decision of 16 November 2015, he has already produced what this author considers to be a sensible, but thought-provoking judgment that is readable and comparatively concise. The case involved a challenge by the well-known…

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…

Dimitrios T Drivas (White & Case) gave the speedy run down on the following points and cases, which some might find useful for following up on points of interest: Supreme Court The decision that in exceptional cases reasonable attorney’s fees may be paid to the prevailing party (an exception to the rule that each party…