On 25 November 2016 Italy’s ratification law of the UPC Agreement was published in the Official Gazette of the Italian Republic (Law no. 214 of 3 November 2016 – link to the Official Gazette here). The ratification law – which definitely puts an end to the hostility initially shown by the Italian government to the UPC…

Tomatito (“little tomato”) is the nickname of a very popular Spanish flamenco guitar player, who began his career with mythical singers of flamenco such as Camarón de la Isla (“prawn from the island”) and who has played around the world accompanying other singers with more mundane names such as Frank Sinatra or Elton John. Having…

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….

In my latest Kluwer post I wrote about the confusion caused by the most recent decision of the Swiss Federal Supreme Court concerning the doctrine of equivalence. This confusion seems to have confused me as well. With respect to the background of the decision, it was actually the technical judge’s expert opinion, which affirmed an infringement of…

In the middle of the turmoil caused by Brexit and the US elections tiny Switzerland (apropos, a country with an old democracy and some experience in implementing problematic election results as well) tries to find its way as to how to approach patent infringments by equivalent means. In a recent decision, the Swiss Supreme Court…

by Steven Willis Yesterday, the Court of Appeal handed down its decision in Idenix v Gilead [2016] EWCA Civ 1089, a dispute involving SOVALDI® (sofosbuvir), which is sold by Gilead as a treatment for chronic hepatitis C infection in adults. At first instance, Arnold J held (in an epic 621 paragraph judgment) that Idenix’s Patent…

by Dr. André Sabellek In a recent judgment the Federal Supreme Court (Bundesgerichtshof, BGH) took a stand on the question whether to grant the patent infringer a grace period for marketing the infringing products for a certain time after the final judgment (judgment of May 10, 2016, court docket: X ZR 114/13 – Wärmetauscher [heat…