All articles in “Patent Law”

19. September 2017
International Intellectual Property

How to protect my drugs from patent approval and generic replication? This question is a constant challenge for pharmaceutical companies, especially if their original drug has high development costs and a very good sales success. The Irish pharmaceutical company Allergan has now sold the patents of the drug Restasis to a Mohawk tribe in the state of New York to prevent the patents from being invalidated.

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17. August 2017
International Intellectual Property

A groundbreaking ruling on equivalents has significantly changed the law of patent infringement in the UK: The United Kingdom Supreme Court (UKSC) published its judgment in the case of Actavis UK Limited and others v Eli Lilly and Company ([2017] UKSC 48) in July. The UKSC confirmed Lilly’s appeal and ruled Actavis‘ products directly infringe Lilly’s patent.

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4. August 2017
Patent Law

German Federal Court of Justice (BGH) concurs with the Federal Patent Court’s judgement of September 1st 2016 and therefore allows the continued distribution of the Aids medication “Isentress” meaning the preliminarily compulsory license for the HIV drug remains. The main lawsuit is still unsettled.

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31. July 2017
Patent Law

If a final product infringes a third party's patent, the question arises regularly whether and to what extent a supplier in the supply chain can be prosecuted for the infringement . The German Federal Court of Justice (BGH) has now actualised its case law on liability for patent infringement in Germany in the case of acts wholly carried out abroad. The BGH has assesed in detail the relevant facts and their legal assessment for patent infringements abroad. Reason for the new appraisal of the BGH was a ligitation over the import of car parts protected in Germany.

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27. July 2017
Patent Law

The EPO has published its first ever Quality Report - a new annual review of how the Office implements its quality policy in all of its products and services. A comprehensive report outlining a detailed set of quality indicators, it aims to increase transparency on the effects of that policy, while also serving as an additional instrument for the EPO to systematically monitor and improve its measures relating to quality assurance.

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