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EPO’s Enlarged Board of Appeal Issues Much-Anticipated Decision in G 1/24

EPO’s Enlarged Board of Appeal Issues Much-Anticipated Decision in G 1/24

by Sean Hutchinson | Jun 18, 2025 | EPO

Headnote Summary In case G 1/24, the Enlarged Board of Appeal of the European Patent Office (“EPO”) had been asked to answer the following questions: “Question 1 Is Article 69(1), second sentence, EPC and Article 1 of the Protocol on the Interpretation of Article 69...
US Federal Circuit Decision to Narrow the Scope of IPR Estoppel

US Federal Circuit Decision to Narrow the Scope of IPR Estoppel

by Chloe Sullivan | Jun 17, 2025 | US & International

The Federal Circuit held that, although the defendant (Ingenico) had previously challenged IOENGINE’s patents in IPRs, they were not precluded from relying on product prior art and printed publications related thereto to prove the claimed invention was known or used...
A Legal Framework for Considering Second Medical Use Claims at the UPC: Sanofi vs Regeneron

A Legal Framework for Considering Second Medical Use Claims at the UPC: Sanofi vs Regeneron

by David Eyre | Jun 10, 2025 | UPC

This case is part of the international proceedings between Sanofi and Regeneron in relation to the injected monoclonal antibody Repatha (“evolocumab”).   Repatha/evolocumab acts by targeting a protein called PCSK9 which binds to low density lipoprotein (LDL) receptors...
Safestand stands taller as Court of Appeal finds trestle designs valid

Safestand stands taller as Court of Appeal finds trestle designs valid

by Carolyn Haywood | Jun 3, 2025 | Designs & Copyright

Background The present decision stems from an appeal by Safestand against an order of the High Court declaring three of its UK registered designs (90002293490001 (“RRD 0001”), 90003121450004 (“RRD 0004”) and 90003121450005 (“RRD 0005”) (collectively, “the...
UPC Case Law Update: Problem-Solving and Provisional Measures

UPC Case Law Update: Problem-Solving and Provisional Measures

by Sean Hughes | May 28, 2025 | UPC

Munich Local Division Endorses EPO’s Problem-Solution Approach In Edwards Lifesciences vs Meril (UPC_CFI_501/2023), the Munich Local Division (LD) has affirmed the use of the problem-solution approach (PSA) for assessing inventive step. The PSA, a method long...
Use Claims Can be Method Claims in Disguise, says the EPO

Use Claims Can be Method Claims in Disguise, says the EPO

by Sean Hutchinson | May 20, 2025 | EPO

It is generally accepted in the world of IP that all inventions fall into one of four categories: products, methods, apparatuses (i.e. products for carrying out specific processes), and uses. Thus, when drafting a new patent application, an important first step is to...
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