EPLAW PATENT BLOG

UK – Illumina v. TDL

Posted: June 27th, 2019

Illumina and Sequenom (the “Claimants”) have been successful in another action relating to their prenatal diagnostics patent portfolio, with Mr Justice Arnold finding that Sequenom’s patent EP 1 524 321 (the “Patent”; Illumina being the exclusive licensee) was valid and infringed by TDL’s product, the Harmony Test which was developed by Ariosa (who accepted joint […]

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UK – GSK v. Vectura

Posted: January 7th, 2019

GSK v Vectura, Patents Court, London, UK, 13 December 2018, Case no. [2018] EWHC 3414 (Pat) This judgment is the first instance decision of Arnold J, dealing with GSK’s claim for revocation of five of Vectura’s patents and Vectura’s counterclaim for infringement by GSK’s dry powder inhaler products for the treatment of asthma and chronic […]

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UK – Supreme Court / Warner-Lambert v. Mylan & Actavis / second medical use / plausibility

Posted: November 14th, 2018

The UKSC has introduced a new test for the infringement of Swiss form second medical use claims and clarified the application of the test for plausibility of purpose-limited claims, by Tim Powell, Bethan Hopewell, Siddharth Kusumakar and Joel Coles, Powell Gilbert LLP  The United Kingdom Supreme Court (UKSC) today handed down its highly-anticipated judgment in the […]

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UK – Coloplast v. MacGregor Healthcare

Posted: November 7th, 2018

Coloplast A/S v. MacGregor Healthcare Limited, UK Intellectual Property Enterprise Court, 24 October 2018, [2018] EWHC 2797 (IPEC) This is a first instance decision from the UK Intellectual Property Enterprise Court “IPEC” on the validity and infringement of European Patent (UK) 1 145 729. The patent claimed a ready-to-use urinary catheter assembly which is stored […]

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UK – Regeneron v. Kymab

Posted: April 26th, 2018

Regeneron Pharmaceuticals, Inc v Kymab Limited and Novo Nordisk A/S (UK Court of Appeal, 28 March 2018, [2018] EWCA Civ 671) The UK Court of Appeal has handed down judgment in the case of Regeneron Pharmaceuticals Inc. v Kymab Ltd and Novo Nordisk A/S ([2018] EWCA Civ 671), which will now stand as an important […]

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UK – Illumina v. Premaitha

Posted: December 23rd, 2017

Illumina v Premaitha, UK Patents Court, Carr J, 21 November 2017 Illumina has succeeded in a claim that a non-invasive prenatal diagnosis test offered by Premaitha infringed five related patents and that a gender testing component of an Ariosa Diagnostics product infringed a further patent. This lengthy, yet insightful judgement is effectively three judgments in […]

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UK – Mylan & Ors. v. Yeda

Posted: November 7th, 2017

Generics (UK) Limited trading as Mylan & Ors. v Yeda Research and Development Company Limited & Ors, High Court, London, UK, 26 October 2017, Neutral Citation Number: [2017] EWHC 2692 (Pat) This case was brought by the Claimants (Mylan and Synthon) seeking revocation of EP (UK) 2,949,335 (“EP’335”), a patent owned by Yeda and exclusively […]

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UK – MSD v. Shionogi

Posted: December 21st, 2016

Merck Sharp and Dohme Limited v Shionogi & Co. Limited, High Court of England and Wales (Arnold J), 25 November 2015, Neutral Citation Number [2016] EWHC 2989 (Pat) The claimant, Merck, sought revocation of Shionogi’s EP(UK) 1 422 218. The defendant, Shionogi, counterclaimed for infringement by Merck’s integrase inhibitor raltegravir, marketed as Isentress. Shionogi made […]

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UK – Gilead v. Idenix

Posted: November 21st, 2016

Idenix Pharmaceuticals Inc. v. Gilead Sciences Inc., Court of Appeal, London, UK, 8 November 2016, Case no. [2016] EWCA Civ 1089 The Court of Appeal has upheld Arnold J’s judgment on the Gilead v Idenix case, which concerned the validity of Idenix’s patent EP(UK)1 523 489 covering a family of nucleoside analogues for the treatment […]

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