Reassuringly, the draft Withdrawal Agreement explicitly addresses Intellectual Property and pleasingly confirms that the European Union is prepared to agree to continuous protection in the UK, by way of a corresponding UK right, for owners of an EU trade mark or a...
At the beginning of 2017 the Preparatory Committee of the Unified Patent Court thought that it would be likely that the systems of the UPC would begin provisional operation before summer 2017 in advance of the UPC agreement coming into force later that year. It...
When is a Threat Actionable? In determining whether a threat has been made, the following question should be asked:- Would a reasonable person in the shoes of the recipient understand from the communication that a patent exists and that legal action is intended for an...
The recent interim Patents Court decision of Napp Pharmaceutical Holdings Limited v (1) Dr Reddy’s Laboratories (2) Sandoz Limited (and others) [2017] EWHC 1433 (Pat) provides guidance on how the court calculates damages associated with an interim injunction and...
The overriding objective of the court system according to the civil procedure rules is that the court is able to deal with cases justly and at proportionate cost. It has long been a concern that justice might be denied to small entities pursuing patent claims because...
Facts and History On the face of it, the Eli Lilly v Actavis case seems straightforward. Eli Lilly is the proprietor of European patent No. 1313508 which claims:- “Use of pemetrexed disodium in the manufacture of a medicament for use in combination therapy for...
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