Category: News from Abroad

Following the issuance of decision G2/07 in connection with the "Broccoli" patent, which discussed whether plant breeding methods were excluded from patentability as essentially biological processes for the production of plants, the Technical Board of Appeal in proceedings T83/05 have now referred further questions to the Enlarged Board of Appeal, relating to whether the exclusion…

The Court of Appeal recently issued a decision concerning the issues that should be considered when granting an interim injunction.  The proceedings related to Novartis' product zoledronic acid, which was used to treat osteoporosis.  This product was covered by a supplementary protection certificate (an SPC), as well as two use patents.  Hospira, a generics company,…

The Court of Appeal recently heard a case relating to Genentech's patent, which claimed the use of human vascular endothelial growth factor (hVEGF) antagonists for the treatment of non-cancerous diseases which are characterised by excessive blood vessel growth (neovascularisation or angiogenesis).  Regeneron and Bayer sought a declaration of non-infringement and revocation of the patent based…

In Oliver Brüstle v Greenpeace (Case 34/10) the Court of Justice of the European Union (CJEU) ruled that any non-fertilised but parthenogenically stimulated human ovum constitutes a "human embryo" within the meaning of Article 6(2)(c) as it is capable of commencing the process of development of a human being in the same way as an…

Merck Canada Inc and Merck Sharp & Dohme Ltd v Sigma Pharmaceuticals plc Prior to their accession to the European Patent Convention, several states did not allow patent protection for pharmaceutical products.  To address this, a special derogation known as "The Specific Mechanism" was put in place.  This Specific Mechanism allows the holder of a…

Following on from their previous challenge to the adoption of the unitary patent system on the basis of the concept of enhanced cooperation, and as eventually dismissed by the Court of Justice of the European Union (CJEU), Spain and has launched further challenges; this time directed to Regulations underpinning the Unitary Patent System. The further…

The "Obvious to Try" Test Is Overused in Assessing Obviousness The UK Court of Appeal Decision in Novartis AG vs Generics (UK) Ltd (trading as Mylan), provides insight into the UK court's approach to judging the validity of patents relating to enantiomers of biologically active compounds.  UK Patent No. 2,203,040 to Novartis AG (and the…

By Todd Shand — On 15 March 2013, the Australian Federal Court upheld Eli Lilly's patent for the active compound in their highly successful product ZYPREXA®.  Lilly successfully defended the validity of the patent against a wide-ranging attack by the well-known generic pharmaceutical manufacturer Apotex.  Wrays is pleased to have been able to work together…

On 26 February 2013, the UK government announced a proposed change to the Patents Act to exempt clinical and field trials, as well as "health technology assessments," e.g., tests to obtain data to support assessment by the National Institute for Health and Clinical Excellence (NICE), for any new drugs from any claim of patent infringement.…

In January, the Mexican Senate published a Bill adding article 23 bis to the Industrial Property Law (IP Law).  This Bill intends to establish a "special" life term for patents claiming a substance or a mix of substances regulated by article 221, sections I to III of the Health Law; that is:  drugs, active ingredients…