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Pharmaceutical Patents Patents European Patent Office

Proskauer - Minding Your Business

Troubling Trend of “Self” Revocation In the CRISPR Space Continues in Europe

Less than two months after CVC made the surprising move to revoke two of its seminal European CRISPR patents, Sigma-Aldrich has done it too. While the facts that led to Sigma’s “self” revocation may be different than CVC’s,...more

Jones Day

Epitope Claims Live On at the European Patent Office

Jones Day on

While the genus antibody claim was effectively killed by the U.S. Supreme Court in Amgen v. Sanofi, it lives on in Europe despite a few recent setbacks at the European Patent Office ("EPO") and the Unified Patent Court...more

Venable LLP

The First Biosimilar Disputes at the Unified Patent Court (UPC)

Venable LLP on

As the era of biologics and biosimilar litigations heats up in the United States, Europe’s Unified Patent Court (UPC) is also taking center stage with the first two biosimilar disputes filed in March and April....more

American Conference Institute (ACI)

[Event] Pharma & Biotech Patent Litigation Conference in Europe - May 29th - 30th, Amsterdam, Netherlands

Hosted by C5 Group, the 17th Annual Forum on Pharma & Biotech Patent Litigation in Europe returns for another exciting year with curated programming that will provide up-to-the-minute information and strategic insights on...more

WilmerHale

Federal Circuit Patent Watch: A comparative statement in a patent specification can be “definitional” for purposes of claim...

WilmerHale on

Precedential and Key Federal Circuit Opinions - 1.  PARKERVISION, INC. v. VIDAL [OPINION] (2022-1548, 12/15/2023) (Prost, Wallach, and Chen)* - Chen, J. The Court affirmed the PTAB’s determination that the patent...more

A&O Shearman

When is the composition of a product on the market prior art?

A&O Shearman on

G1/23 – EPO Enlarged Board of Appeals of the EPO “available” (referral from T 0438/19) - Under which circumstances can the public prior use of a product constitute prior art for novelty or inventive step[s], specifically...more

American Conference Institute (ACI)

[Event] 16th Annual Forum on Pharma & Biotech Patent Litigation in Europe - May 23rd - 24th, Amsterdam, Netherlands

Hosted by C5, the 16th Annual Forum on Pharma & Biotech Patent Litigation in Europe returns 23-24 May, at the DoubleTree by Hilton Amsterdam Central Station, Amsterdam with curated programing for you to gain the knowledge and...more

Kilpatrick

Navigating Key Differences in Therapeutic Antibody Patent Protection Strategies Between the United States and Europe

Kilpatrick on

Many of today’s top-selling drugs worldwide are therapeutic antibodies thus antibody-related inventions can be extremely valuable. Developing antibody therapeutics requires significant resources and time, so it is paramount...more

A&O Shearman

Beyond “pay-for-delay” – the EU-Commission’s investigation into patent filing practices and communication measures

A&O Shearman on

On 4 March 2021, the European Commission (Commission) opened a formal investigation into alleged anti-competitive conduct by the pharmaceutical company Teva. The Commission suspects Teva of having deployed a strategy with the...more

Goodwin

European Patent Office rules in favor of Sanofi and Regeneron concerning Praluent® (alirocumab)

Goodwin on

On October 29, 2020, the European Patent Office ruled in favor of Sanofi and Regeneron in their dispute concerning Amgen’s Praluent® (alirocumab) patent.  The EPO found invalid certain claims of Amgen’s European patent, EP 2...more

McDonnell Boehnen Hulbert & Berghoff LLP

News from Abroad -- Swiss-type Patent Claims in Australia

'Swiss format' or 'Swiss-type' patent claims have a general structure similar to the following: Use of compound X in the manufacture of a formulation for the treatment of medical condition Y....more

McDermott Will & Emery

“Equal to” Means “Not Exceed” when Determining Patent Term Adjustment

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit found that the US Patent and Trademark Office (PTO) erred in calculating a patent term adjustment (PTA) for a patent covering an oral osmotic form of an antihypertensive drug,...more

Jones Day

Second Medical Use Patents in Europe: Are UK and Germany Swapping Approaches?

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The UK Supreme Court's ruling in Warner Lambert v Actavis resulted from deliberations over the proper approach to matters relating to infringement of second medical use patent claims. The standard proposed by the UK Supreme...more

Foley & Lardner LLP

Ranging Beyond The Written Description Requirement

Foley & Lardner LLP on

Practitioners with an international patent practice generally view the U.S. written description requirement as more liberal than similar requirements in other jurisdictions, especially the European Patent Office. That said,...more

McDonnell Boehnen Hulbert & Berghoff LLP

News from Abroad: Antibodies in the European Patent Office -- Advanced Guide to Drafting and Prosecution

The European Patent Office (EPO) applies the same basic patentability criteria to antibodies as to other inventions, but it can sometimes appear that antibodies are treated as a special case. Originally published in J A...more

Jones Day

French Cour de Cassation Clarifies Requirement of Plausibility

Jones Day on

The Decision: The French Cour de cassation, in a case concerning a dosage regime patent, recently clarified the "plausibility" requirement, an element of sufficiency of disclosure or inventive step. The Result: The wording...more

Knobbe Martens

Latest Developments in European Patent Law: How to Apply Them in Both the United States and Europe

Knobbe Martens on

Agenda: • UK Supreme Court Decision on Infringement – “Equivalents” – Use of the prosecution history • Doctrine of Equivalents in the United States • Plausibility before the EPO and UK courts – Inventive step of...more

WilmerHale

Actavis v. Eli Lilly1: Back to the future - The UK Supreme Court changes the test for patent infringement

WilmerHale on

The UK Supreme Court rarely hears patent cases, and will only hear cases that it considers to be fundamentally important. The court's July 12 judgment is most significant for changing the test for infringement in the United...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Global Patent Prosecution Newsletter - June 2017

Revocation Proceedings Around the World - Mechanisms to challenge the validity of granted patents are available in many countries throughout the world. The June 2017 issue of Sterne Kessler’s Global Patent Prosecution...more

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