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Updated Guidelines for Chinese Patent Examination

Updated Guidelines for Chinese Patent Examination

by Sean Hughes | Feb 1, 2021 | US & International

Key Revisions to the Chinese Guidelines for Patent Examination Supplementary Data Historically, in China, the rules on submitting supplementary data in favour of sufficiency and/or inventive step have been very strict throughout patent prosecution. This was bad news...
Eli Lilly is handed another win in its efforts to keep generics companies selling ALIMTA competing drugs off the market

Eli Lilly is handed another win in its efforts to keep generics companies selling ALIMTA competing drugs off the market

by Carolyn Haywood | Feb 1, 2021 | US & International

Background The patent at issue in the present case was US7,772,209, claim 1 of which is shown below. Claim 1 A method for administering pemetrexed disodium to a patient in need thereof comprising administering an effective amount of folic acid and an effective amount...
Eli Lilly and Company v Fresenius Kabi Nederland B.V. – Hague Court of Appeal on the Dutch Approach to Equivalence in Patent Infringement cases

Eli Lilly and Company v Fresenius Kabi Nederland B.V. – Hague Court of Appeal on the Dutch Approach to Equivalence in Patent Infringement cases

by Eddie Bishop | Dec 1, 2020 | US & International

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...
Broadest Reasonable Interpretation of a Claim in the US Should be in Light of the Specification

Broadest Reasonable Interpretation of a Claim in the US Should be in Light of the Specification

by Eddie Bishop | Nov 1, 2020 | US & International

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...
Paediatric Extensions for SPCs and Orphan Drug Exclusivity

Paediatric Extensions for SPCs and Orphan Drug Exclusivity

by Alex Bajjon | Oct 1, 2020 | US & International

Paediatrics Regulation In Europe, Orphan Medicinal Products are medicinal products that are intended for the treatment of conditions that affect no more than 5 in 10,000 people in the EU. In order to incentivise the development of treatments for these rare conditions,...
CJEU does a U-turn: SPCs are not available for new therapeutic applications

CJEU does a U-turn: SPCs are not available for new therapeutic applications

by Carolyn Haywood | Aug 1, 2020 | US & International

Background Supplementary Protection Certificates (SPCs) are available under EU law to effectively compensate patent owners for some of the lost patent protection that inevitability occurs due to the time it takes to obtain marketing authorisation. Article 3 of the SPC...
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