Prior to the 2010-2013 reforms undertaken at the former Patent County Court (PCC), now the Intellectual Property Enterprise Court (IPEC), the numbers of inquiries into damages were relatively low, partly due to the length of court actions and partly due to cost....
Background Positec are a company wishing to sell robotic lawnmowers in the UK. They are seeking a declaration of non-infringement and revocation through the High Court of Husqvarna’s patent (EP 1512053), which relates to a method for operating an automatic...
In a recent article on this website we examined the case of Actavis vs Lilly and the “plausibility” test for sufficiency of disclosure used in that case. We noted that that this was a departure from the test for sufficiency that has been used previously and that this...
In a second medical use patent to the “Use of tomoxetine for the manufacture of a medicament for treating attention-deficit/hyperactivity disorder”, EP(UK) 0721777, no data was provided to support the claimed invention. Actavis sought to revoke the patent on the...
Consideration is generally held to be something of value exchanged between parties in order for a contract to be valid and enforceable. Agreements without consideration are deemed to be mere gratuitous promises and are not enforceable by law. As a standard term, most...
Warner-Lambert is proprietor of a European patent (EP 0641330) which claims the compound pregabalin (via compound per se claims). The Supplementary Protection Certificate (SPC) was (surprisingly) allowed to lapse in October 2013 for non-payment of fees resulting in...
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