EPLAW PATENT BLOG

SE – Vanserum Vision AB v. SICK IVP AB / Invalidity and Infringement

Posted: February 25th, 2010

Vanserum Vision AB v. SICK IVP AB, Stockholm District Court, Stockholm , Sweden, 5 February 2010, Cases No. T 1966-07 and T 22033-07 (joint cases)

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

Posted: February 23rd, 2010

Du Pont et al. / Mylan, Losartan SPC, decision in summary proceedings (appeal), Brussels Court of Appeal, 23 February 2010, Case No. A.R. nr. 2010/KR/53
According to the Brussels Court of Appeal, the scope of protection of the SPC for the active ingredient Losartan does not, at first sight (“prima facie”), extend to a generic version of the medicinal product Cozaar Plus® (containing the active ingredients Losartan and HCTZ) under Article 4 of the SPC-Regulation. The main reason raised by the court is that, s

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UK – Intervet UK Limited v Merial & Others

Posted: February 23rd, 2010

Intervet UK Limited v Merial & Others, High Court of Justice, Chancery Division, Patents Court, London, UK, 23 February 2010, Case No. [2010] EWHC 294 (Pat), with thanks to Richard Willoughby, Howrey
Today, the approved judgment of Mr Justice Arnold has been published regarding the UK aspect of a number of associated actions concerning the Defendant’s European patent entitled “Method for the in vitro diagnosis of type II porcine circovirus infection and diagnostic reagents” (the “Patent”). In summary, the Defendants alleged that Intervet had infringed claim 18 of the Patent

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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

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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

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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 […]

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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

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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

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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.

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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

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