A summary of the changes for 2021 and key points for right holders to note are provided below. Patents and Supplementary Protection Certificates (SPCs) The UK’s membership of the European Patent Convention and the ability for UK attorneys to represent clients...
Previous Case Law It has previously been well-established that the EPO Boards of Appeal should not generally overturn findings of fact made by first instance examination or opposition decisions. EPO Decision T 1418/17 set out a limited number of circumstances in which...
As a brief recap, claim 1 of Eli Lilly’s patent requires vitamin B12 + Pemetrexed disodium and claim 2 requires vitamin B12 + Pemetrexed disodium + folic binding protein. The potential infringer, Fresenius, used a composition including Pemetrexed tromethamine in...
Overview of decision On 6 November 2020, the EPO Technical Board of Appeal (TBA) formally (and finally) handed down its written decision in T844/18 relating to priority and confirmed revocation of the Broad Institute Inc.’s CRISPR/Cas9 patent EP2771468[3]. This...
Snyders’ Heart Valve Patent Snyders’ patent was to an artificial heart valve that crucially can be inserted into place without removing the native damaged valve. This is explicitly stated in the description with further details of how the artificial valve...
Background The UK courts have long been considered the leading forum for resolving international FRAND licensing disputes. If an implementer of the invention operates in the UK without a licence, the SEP owner can force the implementer into taking a global portfolio...
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