and Carissa Kendall-Palmer In HTC Corporation v Gemalto SA and HTC Corporation v Gemalto NV [2013] 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…

Recent  U.S. Court of Appeals for the Federal Circuit and USPTO decisions underscore the potential value of challenging a granted U.S. patent in a USPTO proceeding, even if the patent already has been held infringed and/or not invalid in district court litigation. In  Fresenius, USA Inc. v. Baxter International, Inc., the Federal Circuit interpreted the ex parte reexamination…

The Court of Appeal held that the duty to compensate the successful party’s legal costs in intellectual property proceedings, pursuant to Art. 14 of the Enforcement directive, also applies to invalidity claims, counterclaims and defenses by the alleged infringing party threatened with patent enforcement. To deny such compensation in respect of nullity claims or defenses…

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…

The interesting six-jurisdiction patent case between two of the world’s leading enzyme manufacturers, the Danish companies Danisco A/S (now part of DuPont) and Novozymes A/S has already been subject to earlier blogs both here and several times on EPLAW and PatLit. To recap the story briefly, Novozymes started the proceedings by applying for a preliminary…

On 20 March 2012, the Tribunal de Grande Instance of Paris rendered its decision in the case relating to raloxifene, a molecule useful for treating or preventing osteoporosis in post-menopausal women, opposing Teva to Eli Lilly. This decision raises many questions, first concerning drug patents in particular (patentability of second medical use, patentability of the resolution of…

Mr X was ordered to pay damages for the infringement of a French patent No. 87‑03865, relating to a massage device, by a decision of the Cour d’Appel of Limoges on 10 September 2001. In the absence of an appeal on a point of law, this decision became irrevocable. However, in a separate action, the same patent was subsequently…

Litigation and EPO Oppositions/Appeals surrounding a controlled-release dosage form of the drug oxycodone, a morphine-like opioid analgesic developed in 1918, has kept Europe’s Pharma IP Lawyers busy for a couple of years. One of the key EP patents in this battle has been EP 722 730, and almost everything about this patent is out of…