EPO – Enlarged Board of Appeal decides on dosage regime – Swiss-type claims no longer available

Posted: February 22nd, 2010

EPO, Enlarged Board of Appeal, 19 February 2010, Decision No. G 02/08 – Dosage regime/ABBOT RESPIRATORY
The Enlarged Board of Appeal (EBA) answered the questions referred to it in T 1319/04 (OJ EPO 2009, 36) as follows:
Question 1:
Where it is already known to use a medicament to treat an illness


EPO – G 04/08 Enlarged Board / Language of Proceedings

Posted: February 19th, 2010

EPO, Enlarged Board of Appeal, 16 February 2010, Decision No. G 04/08
If an international PCT application has been filed and published in one of the official EPO languages, it is not possible to


UK – Actavis UK Limited v Novartis AG

Posted: February 18th, 2010

Actavis UK Limited v Novartis AG, High court of Justice, Court of Appeal (Civil Division), London, UK, 17 February 2010, [2010] EWCA Civ 82 The Court of Appeal has dismissed Novartis's appeal against the High Court's decision that its European Patent EP0948320, claiming a sustained release formulation of fluvastatin, a drug used to treat high […]


EPO – G1/07 Enlarged Board decides on “methods for surgery” exception ex Art. 53(c) EPC

Posted: February 17th, 2010

The EPO Enlarged Board of Appeal handed down its long awaited decision relating to the interpretation of the exclusion for patentability under article 53(c) EPC “method for treatment of the human or animal body by surgery”. Questions were asked to the Enlarged Board in a case about a medical imaging method, whereby a contrast agent was injected into the heart. The referring Board questioned whether this essentially diagnostic method involving a step consisting in a physical intervention was nevertheless excluded from patentability. This question was answered


BE – Du Pont et al v. Mylan / Losartan SPC (first instance)

Posted: February 12th, 2010

Du Pont et al. / Mylan, Losartan SPC, decision in summary proceedings (first instance), Pres. Brussels Commercial Court, 12 February 2010, Case No. R.K. 00014/2010
According to the President of the Brussels Commercial Court, the scope of protection of the SPC for the active ingredient Losartan, whose duration had been extended pursuant to Article 36 of the Paediatric Regulation 1901/2006, does not at first sight (“prima facie”) extend to a generic version


UK – Eli Lilly v Human Genome Sciences Inc / Appeal

Posted: February 9th, 2010

Eli Lilly and Company v. Human Genome Sciences inc, High court of Justice, Court of Appeal (Civil Division), London, UK, 9 February 2010, Case No. [2010] EWCA Civ 33
Genomics patent. Industrial Application. Court of Appeal (LJ Jacob) does not follow TBA.


FR – Teva v. Sepracor / Invalidity (Enantiomers)

Posted: February 9th, 2010

Teva Classics SAS, Teva Sante SASU and Teva Pharmaceutical Industries Ltd v. Sepracor Inc, invalidity proceedings (enantiomers), Tribunal de Grande Instance, Paris, France, 6 October 2009, Docket No. 07/16446, with thanks to Pierre Véron, Véron & Associés
Cetirizine is a chiral molecule likely to exist in the form of two enantiomers


FR – Preliminary injunctions in case of an ‘imminent infringement’

Posted: February 5th, 2010

The new French law on the “Fight against infringement” now offers the opportunity to take action against imminent infrignement. Pauline Debre, Bird & Bird, discusses the first case in which a French judge has ordered a preliminary measure in a case of imminent infringement.


UK – RIM v. Motorola

Posted: February 4th, 2010

Research in Motion Limited v. Motorola Inc, High Court of Justice, Chancery Division, Patents Court, London, UK, 3 February 2010, Case No. [2010] EWHC 118 (Pat)
Motorola alleged that two systems operated by Research In Motion (“RIM”), BlackBerry Enterprise Solution (“BES”) and BlackBerry Internet Solution (“BIS”), infringed its Message Communication System patent. RIM denied infringement and counterclaimed to revoke the patent.


CH – New Swiss Federal Patent Court expected to start operations in 2011

Posted: February 3rd, 2010

The new Swiss Federal Patent Court is expected to start operations in 2011 and has interesting transitory provisions, with thanks to Michael Kikinis, KIKINIS Law Firm Recently, the Federal Council of Switzerland (the Swiss government) decided to enact the provisions regarding the institution and organization of the new Swiss Federal Patent Court as of 01 […]