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First Revocation Decision of the UPC Confirms the European Approach to Antibody Inventions

First Revocation Decision of the UPC Confirms the European Approach to Antibody Inventions

by Juliette Boynton | Aug 28, 2024 | UPC

The matter started when Amgen sued various Sanofi companies and Regeneron for patent infringement of their EP3666797 patent.  The patent claims an antibody that binds to the catalytic domain of a PCSK9 protein and its use in treating or preventing...
German Court Confirms That Two Means Two and Three Means Three – A Stripy Dispute Between Adidas and Nike

German Court Confirms That Two Means Two and Three Means Three – A Stripy Dispute Between Adidas and Nike

by Sean Hutchinson | Jul 30, 2024 | Trademarks

Background In 1999, Adidas obtained a registered trade mark for trousers having three stripes vertically arranged between the waistband and the hem. The trade mark was registered in black‑and‑white and thus did not specify any colours. Then, in 2022, Nike offered five...
What’s in a name? – SCOTUS Confirms Names cannot be Registered as Trade Marks

What’s in a name? – SCOTUS Confirms Names cannot be Registered as Trade Marks

by Juliette Boynton | Jul 12, 2024 | US & International

This ruling upheld the decision that trade mark registrations cannot be the name of a living person without their permission, and that this revocation is not unconstitutional.  However, the Justices could not unanimously agree on why this ruling has been upheld. In...
Food for fork: stretchy cheese and contradictory post-filed evidence

Food for fork: stretchy cheese and contradictory post-filed evidence

by Sean Hughes | Jul 11, 2024 | EPO

Vegan Cheese Product Claim T 0629/22 concerned European patent no. 3422865 (subject-matter: vegan cheese and preparation thereof). The product claim was distinguished from the prior art according to the type and amount of starch used in the vegan cheese. However, the...
Therapeutic Effect – a Higher Bar for Novelty than for Sufficiency at the EPO

Therapeutic Effect – a Higher Bar for Novelty than for Sufficiency at the EPO

by David Eyre | Jul 8, 2024 | EPO

These provisions for “second medical use” also rely on the claims for use in a method of treatment being interpreted to include the physiological or technical effect of the treatment as being a functional feature of the claim.   However, the interpretation...
New Hope for Antibody Claims in the US

New Hope for Antibody Claims in the US

by Juliette Boynton | Jul 2, 2024 | US & International

However, in a significant development we now report, means-plus-function language for a claim to an antibody complied with both of the USPTO requirements for written description and for the claim not to be indefinite. Where functional language alone is used in US...
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