News & Analysis as of

European Union Patents

The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of... more +
The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -

Diplomatic Community-May 2017

by Kelley Drye & Warren LLP on

Kelley Drye’s Diplomatic Community is our quarterly newsletter that provides updates on public international law developments with a focus on diplomatic legal issues, international organizations, the law of immunities and...more

Bill C-30 passed Senate yesterday to usher in changes to Canadian pharma patent regulations

by Smart & Biggar on

Bill C-30 was passed by the Senate yesterday, May 11, 2017 without amendment. Bill C-30 is the bill that will implement the Canada-European Union Comprehensive Economic and Trade Agreement (CETA). As reported here, this...more

Putting the Pedal to the Metal at the EPO

It should come as no surprise that the home of the Bundesautobahn has multiple mechanisms to speed up patent prosecution. And since the average pendency of a European application is approximately four years[i], patentees will...more

Global Patent Prosecution Newsletter - March 2017

The March 2017 inaugural issue of Sterne Kessler's Global Patent Prosecution Newsletter includes information and practical tips for accelerated examination strategies in the United States, Europe, and Asia. Please see...more

Understanding Patent Applications and Methods for Best Approaches in Europe and the U.S.  [Video]

by Brinks Gilson & Lione on

For patent applications, the disclosure requirements differ among various countries. Two of the most important territories, the United States and the European Patent Convention, scrutinize parts of the patent disclosure...more

4 Tips to Protect Textile Innovations

Is innovation a key component of your business plan? Will you distinguish yourself with unique product offerings? Whether protecting our men and women in uniform, advancing the treatment of medical conditions, or adding to a...more

Top EU patent and EU unitary patent developments in 2017 for ADG companies

by Hogan Lovells on

In 2016, proposals crystalized that will bring significant changes to the European Union (EU) patent system and the patent litigation system. Despite the Brexit, the United Kingdom (UK) has announced that it too will ratify...more

McDermott International Legal Highlights - April 2017

by McDermott Will & Emery on

DOJ Policy Updates Signal Continuity of Antitrust Program - The US Department of Justice (DOJ) Antitrust Division has revised its “Frequently Asked Questions About the Antitrust Division’s Leniency Program and Model...more

Business Litigation Report - March 2017

Culture: Meeting Regulatory Expectations - Recent scandals in the corporate and financial spheres have served to highlight the importance of a strong and well-embedded institutional culture. It is difficult to pinpoint...more

March 2017: EU Litigation Update

Asserting Standard Essential Patents in Germany After the European Court of Justice’s Huawei v. ZTE Decision. In its Huawei v. ZTE decision (C-170/13) dated July 16, 2015, the European Court of Justice (ECJ) established a new...more

UK to submit to primacy of EU law?...Maybe for patents

by Dechert LLP on

As the UK Government embarks on its journey of disentangling the UK from EU law and the jurisdiction of the Court of Justice of the European Union (“CJEU”), it is simultaneously continuing in its efforts to join a new...more

Europe: Combatting illegal pharma trade

by Hogan Lovells on

We are delighted to announce the launch of our Combatting illegal pharma trade enforcement guide. This publication is a pharmaceutical industry-specific brochure which complements our suite of brand and trademark protection...more

False alarm: Spain will not join the Unitary patent system after all

by Hogan Lovells on

You may recall that we reported here that, on 7 March, the Spanish Parliament had voted in favor of a non-binding motion (i.e. Non-Legislative Proposition -NLP) filed by the main party of the opposition (Socialist Party...more

The Impending Launch of the Unified Patent Court

by Dechert LLP on

In a fundamental change to how European patents are going to be litigated in Europe, the United Patent Court (UPC) will soon have exclusive jurisdiction over European patent disputes and will be able to issue remedies that...more

Antidote to Toxic Divisionals—European Patent Office Rules on Partial Priorities

by Jones Day on

Beginning in 2009, the Boards of Appeal of the European Patent Office ("EPO") issued a series of decisions that essentially created a new priority law in Europe that allowed members of the same patent family to negate each...more

UK Court Invalidates AbbVie HUMIRA Patents

by Goodwin on

On Friday March 3, 2016, in a decision in cases brought by Samsung Bioepsis UK Ltd. and Fujifilm Kyowa Kirin Biologics Co. Ltd., a U.K. court held invalid two European patents owned by Abbvie that purportedly cover Humira®...more

The Short-Lived Ailment of Poisonous Divisionals

After four years of the European Patent Office (EPO) ruling that a parent application can lack novelty over its divisional application, and vice versa, the EPO Enlarged Board of Appeal (EBA) in their decision G1/15 has...more

Rx IP Update - February 2017

by Smart & Biggar on

Federal Court of Appeal rules on non-infringing alternatives and apportionment as defences to an accounting of profits from patent infringement - On February 2, 2017, the Federal Court of Appeal released a...more

“Poisonous Divisionals” Poisoned In The EPO

by Ladas & Parry LLP on

For the past few years there has been fear that the law on priority claims in the European Patent Office (EPO) could result in a divisional application becoming prior art against its parent if the divisional application...more

Proposed timeline for the UPC from the Preparatory Committee

by Hogan Lovells on

After the British government gave the go-ahead for the UPC system to enter into force in November 2016 by announcing that – despite Brexit – they intend to ratify the Agreement on the Unified Patent Court (UPCA), the...more

Biotechnology Considerations for the Unitary Patent System in Light of Brexit and Other Current Developments

Written by Daniel A. Kamkar and Eric Furman, Ph.D. After the United Kingdom voted to leave the European Union, dubbed “Brexit” by the press, many have called into question whether the UK would ratify the Unitary Patent...more

Patentability of software in Italy & partial recovery of profits (infringement of patents on marginal aspects of a product)

by Hogan Lovells on

By judgement of January 3rd, 2017, the Turin Court of Appeal delivered a monumental decision in a longstanding patent dispute concerning the validity and infringement of patents relating to an Electronic Program Guide (EPG)...more

2017 Intellectual Property Law Year In Review

by McDermott Will & Emery on

Though politics ruled the headlines in 2016, the year still brought big changes in intellectual property law and its application, most notably in patent subject matter eligibility, inter partes review institution and appeal...more

News from Abroad: Revised Provisional Timetable for the Unitary Patent and Unified Patent Court

The Preparatory Committee of the UPC has published a revised timetable for the final stages of preparations for the opening of the Unified Patent Court (UPC). The revised timetable indicates that the Sunrise Period during...more

Can Skechers Get a Second Bite at the IPR Apple?

On January 5, 2017, Skechers U.S.A., Inc. filed a petition with the Patent Trial and Appeal Board to institute an Inter Partes Review (IPR2017-00607) (“current IPR petition”) of two design patents owned by Nike, Inc.:...more

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