Sincere thanks to all readers who completed the Christmas Quiz and congratulations to Katerina Schneiderova who, along with 4 others, answered 9 questions correctly.  Katerina – the Kluwer team will be sending a prize to you shortly.  The correct answers are here. Regarding Question 11 – What is the best analysis of the construction of Swiss-type…

by Steven Willis Yesterday, the Patents Court handed down yet another decision in the Sisyphean pregablin litigation, this time refusing Sandoz’ application to vary the Order for Injunction which resulted from Arnold J’s October 2015 decision (“Sandoz I”) to injunct Sandoz following its launch of a full label pregabalin product (“Pregabalin Sandoz”). As is typically…

On 21 October 2016, the Federal Court of Australia handed down its judgment in the case of Apotex Pty Ltd v Warner-Lambert Company LLC (No 2) [2016] FCA 1238 (FCA Judgment).  Justice John Nicholas found in favour of Warner-Lambert, both upholding the validity of its patent claims and granting final injunctions restraining infringement by Apotex….

by Brian Cordery, Rachel Mumby and Steven Willis Media attention at the English High Court today may have been focussed on the Article 50 challenge but for many patent lawyers operating in the life sciences sector, of equal or greater importance was the handing down of the long-awaited judgment in the Lyrica appeal. To recap…

In 2010 the EPO’s Enlarged Board of Appeal took the badge of Swiss type claims from patentees (G 02/08), and since then they cannot use it anymore. Six years later two cases on (infringement of) Swiss type / second medical use claims are knockin’ on the Dutch Supreme Court’s door. While the Enlarged Board put…

As readers know well, over the last few years courts around Europe have handed down several ground-breaking decisions on the scope of “second medical use” claims and, in particular, the activities required of third parties to guarantee the fair protection of such claims. Most of these decisions have revolved around the Lyrica® (pregabalin) patent, which…

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…

by Gregory Bacon and Brian Cordery The Actavis v Eli Lilly UK litigation concerning pemetrexed (sold by Eli Lilly under the brand Alimta(®) has already been widely reported in light of Actavis’ innovative application to the English court for declarations of non-infringement (DNIs) of national designations of a European Patent in addition to the UK…

On 28 May 2015, the English Court of Appeal issued a ruling in the on-going Lyrica saga which, although almost certainly not representing the last word on the topic, took a markedly different approach to the correct construction of Swiss form claims to the first instance judge, Arnold J. One thing there does appears to…