Patent Law Weblog
Category: News from Abroad
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By Paul Cole* — The June 12, 2015 decision of the Federal Circuit in the above case has been discussed by Kevin Noonan in his posting of 22 June, but it is believed that the factual and legal background could benefit from further discussion. It is convenient to consider claims 1 and 2 of…
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By Claire Gregg & Martin O'Brien — The High Court of Australia today heard the long anticipated appeal from the unanimous decision of a 5-judge bench of the Full Federal Court to allow Myriad's claims to isolated nucleic acids1. The question before the High Court is whether the invention claimed in claims 1-3 of Australian…
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By Dr. Shoichi Okuyama* — Product-by-process claim drafting and interpretation practice were greatly modified by the Pravastatin Sodium Case decisions (Japan Supreme Court, June 5, 2015, Second Petty Bench, case Nos. 2012(ju)1204 and 2012(ju)2658). Japan's highest court reversed the Grand Panel of the IP High Court; two points were emphasized in the opinion of the…
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By Ralph Cox* & Kinjal Kondhia** — After a series of papers, reports and consultations on the scope of the research exemptions to patent infringement stretching over 10 years, section 60 of the Patents Act 1977 was finally amended on 1 October 2014 by the introduction of new subsections 6D to 6G. These subsections clarify the…
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By Claire Gregg* and Martin O'Brien** — The Full Federal Court of Australia has handed down its long awaited decision in D'Arcy v Myriad Genetics Inc today, affirming that isolated DNA and RNA are patentable subject matter under Australian law. The first instance decision of Nicholas J was appealed to the Full Federal Court on…
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By Ralph Cox* and Simon Spink** — Overview For the best part of 10 years, since the judgment of Lord Hoffmann in Kirin-Amgen v Hoescht Marion Roussel[1], it has been widely assumed that there is no file wrapper estoppel in the UK and no doctrine of equivalents either. Both these assumptions are thrown into doubt…
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By Shelley Rowland* and Katherine Hebditch** — After a protracted gestation period, the New Zealand's Patents Act 2013 will take full effect on 13 September 2014. The new Act represents the first major refresh of New Zealand's patent legislation in 60 years, and brings New Zealand patent law into line with most other countries around…
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Although the EPC does not specifically prohibit double patenting, that is the grant of two patents to the same applicant for the same invention, it is generally accepted that two patents cannot be granted to the same applicant for the same subject matter. However, what is meant by "the same subject matter" has in the…
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By Andrew Mullane, Craig Humphris, Todd Shand — Due to the complexity of Australian patent litigation, it can take more than 18 months for a patent dispute to be finally determined by a judge. This is more than enough time for an infringing competitor to irreversibly damage the patentee and its exclusive market. Interlocutory injunctions…
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The Decision of the Court of Appeal in Hospira UK Generics Ltd. v. Novartis AG, [2013] EWCA Civ. 1663 was issued on 19 December 2013. Background The case was initially heard in the High Court and raised the issue of entitlement of a patented invention to priority. The patent in question was European Patent (UK) 1…
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