Some Late Summer Thoughts about Molten Polymers and two Decisions by the German Federal Court of Justice
Now that the unusual heat of this summer in central Europe finally seems to have ended, it might be a good point in time to activate our cerebral bio-polymers again. So let us muse about the melting of polymers in general and consider a particular patent that gave the German Federal Court of Justice something to think about.
The patent at stake was European Patent 1 102 809, relating to a method for preparing a polymer foam (in German: Polymerschaum) comprising four steps and an article comprising the polymer foam obtainable according to this method. In a slightly simplified form, claim 1 [...]
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 [...]
In T 2130/11 the Board held that a disclaimer removing more than strictly necessary to restore novelty would not be in contradiction with the spirit of G 1/03 if it was required to satisfy Article 84 EPC and it did not lead to an arbitrary reshaping of the claims.
The recent judgement of the Finnish Market Court (MAO:18/15) given on January 16th provides further guidelines as to what is expect from a method to be patentable especially in relation to existing techniques, while also serving as a good reminder that arguments non-related to the actual subject-matter do not save you, especially if you end up relying mainly on them.
The case involved a patent regarding an invention titled ”a method for manufacturing a health product given as drops” of the Finnish medicine company Oriola Oy (“Oriola”). The invention was an oil-based liquid product given as drops, which included both vitamin D and lactic acid bacteria. Oriola was originally granted t [...]
For those who thought that patent litigation was only relevant for big pharma or cutting-edge telecom devices, it may be of interest to learn about a relatively recent judgment from the Court of Appeal of A Coruña that has resolved a fierce dispute around patents protecting mollusc cleaning machines. A Coruña is one of the main cities on the coast of Galicia, one of the gastronomic paradises of European seafood lovers. So it is not surprising that the dispute revolved around four machines that the defendant had acquired for the purpose of cleaning molluscs.
In its judgment of 11 September 2014, the Court of Appeal of A Coruña dismissed the appeal filed by the owner of two patents that pro [...]
by Jan Pot and Ruprecht Hermans
MSD’s European Patent for treating baldness, EP 0 724 444 (‘EP 444’), has been the subject of a number of (in)validity decisions throughout Europe, with differing outcomes. The Dutch chapter in this saga is a decision of the District Court The Hague, which holds that – contrary to the German, French and Italian courts –the patent is valid and infringed.
Claim 1 of EP 444 is a Swiss-type claim for the use of finasteride for the preparation of a medicament for oral administration useful for the treatment of androgenic alopecia in a person and wherein the dosage amount is about 0.05 to 1.0 mg. Androgenic alopecia is a type of baldness occurring in men a [...]