The development of Herceptin (trastuzumab) in the late 1980s and 1990s is one of the most remarkable advances in the treatment of breast cancer. The story of the drug and its pioneer, the “velvet jackhammer”, Dennis Slamon, is neatly summarised in Siddhartha Mukherjee’s award winning novel: “The Emperor of All Maladies – a Biography of…

The Court of Appeal upheld the judgment of the High Court (Arnold J) that claims concerning treatment of osteoporosis with zoledronic acid were not entitled to an earlier priority date and were therefore invalid over an intervening publication. The Court held that the disclosure in the priority document was either too general or too specific,…

The FCJ held that the right to claim priority, which is in fact the right to file a follow-up application, can be transferred to a third party who was not the applicant of the earlier application. This transfer is governed by the law of the earlier application, in this case German law. Neither German law…

The Supreme Court held that claiming priority of an earlier application requires a direct and unambiguous disclosure in the priority document of all features of the technical teaching as defined in the claims. If the claimed invention is characterized by a particular property of one of its components that has not (clearly) been disclosed in…

Now that we are less than one month away from implementation of the First-Inventor-To-File provisions of the America Invents Act (AIA), stakeholders are considering whether to file new patent applications now, to secure examination under the current First-To-Invent patent system, or wait until March 16, 2013, so that the applications will be governed by the…

The Technical Board of Appeal ruled that a claim of an opposed patent was anticipated by the publication of a divisional of that same patent. Because the claim contained an intermediate generalization with respect to the priority document, the claim was not entitled to priority. The divisional was however entitled to claim priority for the…

The Borgarting Court of Appeal overturned the district court decision which revoked the patents in suit for lack of inventive step. The Court held that even if oxycodone had been known and used to treat pain as an alternative to morphine, the skilled person could not have predicted that a controlled release formulation with oxycodone…

This judgement is one of many issued in the worldwide litigation pending between Novartis and Johnson & Johnson concerning Novartis’ patent for ophthalmically compatible extended wear contact lenses. The decision contains a recapitulation of all possible grounds for invalidity of a patent. The Court rejected the detailed claims of invalidity for lack of sufficiency, dealt…

Claim 1 of the opposed patent had a limitation to a range of values with a lower bound that was slightly higher than disclosed in the priority document. The Board refused to recognize priority. As the priority document was prior art, the claim lacked novelty. The proprietor filed an auxiliary request wherein protection at the…