This decision overturned a $107.5 million infringement award. The CAFC held that Wyeth’s method of treatment claims were invalid for lack of enablement because the patent did not disclose to the skilled person how to identify a therapeutically effective daily...
As reported in our earlier update, the Paris Central Division concluded in May 2026 that the UPC could hear such an action where the patent was subsequently granted before the defence was filed. The Court of Appeal has now reached the same practical conclusion,...
Background The case concerned Bristol-Myers Squibb’s (BMS) European patent No. 3288980, which was directed to the treatment of PD-L1-positive melanoma by administering nivolumab as a monotherapy. The patent had previously been revoked by the Opposition Division for...
In these proceedings the European Patent Office (EPO) Technical Boards of Appeal (TBA) revoked a patent owned by Husqvarna AB following an appeal brought by Brokk AB. With regard to assessing amendments for addition of matter under Article 123(2) EPC the TBA were...
Background For a long time, the EPO has required applicants to amend the descriptions of their European patent applications to bring these into conformity with the allowed claims before it will grant a European patent. However, in recent years the legal basis for the...
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