Jonathan Radcliffe

United Kingdom

Developing and Managing a European Patent Litigation Strategy

This is the first in a six-part series published in Bloomberg BNA's World Intellectual Property Report on the strategic and planning considerations for patent litigation in Europe. With the multinational nature of many patent…more
| Intellectual Property

UK Supreme Court lowers the threshold for biologics patents

Summary and implications The UK Supreme Court has handed down an important judgment that establishes when patents for biological materials will satisfy the test of industrial applicability. This judgment will potentially have…more
| Intellectual Property

Smartphone Wars Arms Race - FRAND Limitations on Patent Deployment

The patent wars raging in the global technology sector show no signs of a ceasefire. If anything, the tempo is increasing. The sector is currently seeing a wave of acquisitions of massive multi-billion dollar patent portfolios…more
| Intellectual Property

A change in attitude towards making generics "clear the way"?

Published in Intellectual Property Magazine (April 2011): Is the UK about to dismantle a hurdle to the launch of a generic pharmaceutical product?…more
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European Court gives narrow protection to DNA-based biotech patents

This article reviews the implications of the first-ever judgment by the Court of Justice (the renamed European Court of Justice) on the extent of protection that European patents should give to biotech patents. It held that…more
| Intellectual Property

Extending accessorial liability for infringement - when does joint liability arise?

he Court of Appeal has handed down an important judgment that clarifies when a defendant will be held accessorily liable for infringement as a joint infringer. The decision is significant for a number of reasons: (i) It…more
| Intellectual Property

Cutting the cost of justice down to size. What would it take to make patent litigation affordable for all without jeopardising justice?

This article was first published in Intellectual Property Magazine…more
| Intellectual Property

Birth of a new tactic - attacking a patent's priority date

This article was first published in Patent World. In the recent case of Lifesciences AG v. Cook Biotech Inc the English Patents Court has handed down a unique and important decision that determines the priority date that should…more
| Intellectual Property

Why you should worry about a patent's priority date

In the case of Edwards Lifesciences AG v Cook Biotech Inc earlier this year, the English Patents Court handed down a unique and important decision that determines the priority date that should be given to a patent. The decision…more
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ECJ rules that generics cannot rely on a pre-EU accession marketing authorisation

The European Court of Justice has ruled on an important aspect of EU marketing authorisation procedures for generic medicines. An application for marketing authorisation cannot rely on the marketing authorisation of an…more
| Intellectual Property

High Court decision in Laboratoires Servier v Apotex analysed - the UK's first damages enquiry following a cross-undertaking given on an injunction

This article reviews the implications of the UK’s first damages enquiry following a cross-undertaking given on an injunction where the patentee’s cross-undertaking to the Court when awarded an interim injunction…more
| Intellectual Property

Employees awarded £1.5 million for invention of outstanding benefit to employer

For the first time ever in the UK, two employees were awarded compensation under the Patents Act 1977 for the outstanding benefit that their efforts conferred on their employer. This briefing reviews in what circumstances an…more
| Intellectual Property

The consequences of failing to "clear the way": Novartis -v- Dexcel-Pharma

The English Patents Court has given pharmaceutical companies a strong reminder of the importance of clearing the way of any relevant patents before introducing a competing product, and of the consequences of not doing so…more
| Intellectual Property

The House of Lords clarifies "inventive step": Conor Medsystems Inc v Angiotech Pharmaceuticals Inc

On 9 July 2008 the House of Lords gave judgment on one of the fundamental issues in UK patent law, namely, when can it be said that the concept set out in a patent contains the necessary inventive step for it to deserve a…more
| Intellectual Property

Getting rid of unnecessary disclosure will make patent litigation cheaper and fasterand

This article was first published in The Lawyer. The Court of Appeal has done the world a favour by handing down a judgment that can be firmly wielded to eliminate not just unnecessary discovery, but unnecessary steps in patent…more
| Intellectual Property
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