The “unwilling licensee” issue has been a vexed one, with uncertainty as to whether such a concept exists, its relevance, and what an implementer must do to avoid becoming one. As for the concept of FRAND itself, there is no...more
The vexed question of how to enforce second medical use patents has dominated the headlines in the last half year. The case of Warner-Lambert v Actavis1 in the English High Court highlighted the serious difficulties...more
9/23/2015
/ Actavis Inc. ,
AstraZeneca ,
Claim Construction ,
EU ,
European Court of Justice (ECJ) ,
FRAND ,
Gilead Sciences ,
Hospira ,
Injunctions ,
IP License ,
IP Portfolio ,
Jurisdiction ,
Life Sciences ,
Patent Infringement ,
Patent Litigation ,
Patent Portfolios ,
Patents ,
Pharmaceutical Patents ,
Teva Pharmaceuticals ,
UK ,
UK Patents Act
The Court of Justice of the European Union (CJEU) today handed down its much-awaited decision in the Huawei v. ZTE dispute, in which it was asked to clarify whether and when standard essential patent (SEP) owners may seek and...more