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Epitope Claims Live On at the European Patent Office

While the genus antibody claim was effectively killed by the U.S. Supreme Court in Amgen v. Sanofi, it lives on in Europe despite a few recent setbacks at the European Patent Office ("EPO") and the Unified Patent Court...more

EU Parliament Adopts SPC Reform Proposals: Clarifying the Protection Scope for Biologics

On February 28, 2024, following the European Commission's four 2023 proposals, the European Parliament adopted a legislative resolution on the amended proposal to create a Unitary Supplementary Protection Certificate ("USPC")...more

Finish in Eight Months: The EPO Sets Timeline for New Accelerated Opposition Practice

The European Patent Office ("EPO") has committed to specific timelines for its new practice of accelerating opposition proceedings....more

Unified Patent Court Publishes Its First Case Load Statistics

The UPC, a single patent court for European Union Member States, has published the first statistics on its case load since its establishment in 2023. Between June 1, 2023, and January 31, 2024, a total of 196 cases were filed...more

UPC Nullity Actions: The New Distribution Scheme Takes Shape

The redistribution of competences to the Munich, Paris, and Milan central chambers takes shape and brings complexity for chemistry patents....more

Patent Marking and e-Marking in Europe: Maximizing Benefits and Avoiding Pitfalls

In Short - The Background: Patent marking refers to the practice of indicating on a product that its underlying technology is protected through a patent. As an alternative to traditional patent marking, e-marking displays...more

Key Lessons from UK National Security and Investment Regime's First Year

Since the United Kingdom implemented the National Security and Investment Act in January 2022 ("NSI Regime"), there has been a significant increase in state intervention in, and review of, business transactions in the United...more

Co-Ownership of Patents: Are Your Co-Owned Patents Ready for the Unified Patent Court?

In Short - The Situation: With the introduction of the Unified Patent Court ("UPC") system in Europe, the co-ownership of patents will have material effect on patents with unitary effect ("Unitary Patent")....more

Exclusive and Non-Exclusive Licenses: Opportunities and Pitfalls Before the UPC

In Short - The Situation: While the national case laws of most Unified Patent Court ("UPC") Member States generally accept infringement actions by licensees, the scope and requirements of such actions differ greatly. The...more

A New Dawn for European Patents: The Unitary Patent and the Unified Patent Court

The creation of a new European Unified Patent Court (“UPC”) and a new patent with unitary effect (“Unitary Patent”), in which almost all member states of the European Union participate, is the most important change in the...more

Fee-Less Opt-Out for European Patents from the UPC

The previously contemplated fee for opting out of "classical" European patents from the Unified Patent Court ("UPC") system has been abolished by the UPC Preparatory Committee. The UPC Case Management System will also allow...more

A Dynamic Reversal by the EPO's Enlarged Board of Appeal

The Enlarged Board of Appeal of the European Patent Office has decided that the exclusion from patentability of essentially biological processes for the production of plants or animals now also extends to plant or animal...more

Second Medical Use Patents in Europe: Are UK and Germany Swapping Approaches?

The UK Supreme Court's ruling in Warner Lambert v Actavis resulted from deliberations over the proper approach to matters relating to infringement of second medical use patent claims. The standard proposed by the UK Supreme...more

Connected Cars and Autonomous Driving—EU Antitrust Challenges (Part II)

The Background: The automotive industry has achieved a number of technological advances aimed at developing connected cars, automated vehicles, and ultimately autonomous driving. These innovations are expected to pose a...more

Connected Cars and Autonomous Driving—EU Antitrust Challenges (Part I)

The Background: The automotive industry has achieved a number of technological advances aimed at developing connected cars, automated vehicles, and ultimately autonomous driving. These innovations are expected to pose a...more

UK Competition Appeal Tribunal Overturns Abuse of Dominance Fines on Pharmaceutical Companies

The UK's Competition Appeal Tribunal (the "CAT") has overturned a finding of abuse of dominance against Pfizer Inc. and Flynn Pharma Ltd. The ruling followed appeals by those companies against a 2016 Competition & Markets...more

Two Down, One to Go: The UK Ratifies Unified Patent Court Agreement

On April 26, 2018, the United Kingdom ratified the Unified Patent Court Agreement ("UPCA"). This act removed any doubts concerning the United Kingdom's determination to participate in the agreement post-Brexit. However, the...more

French Cour de Cassation Clarifies Requirement of Plausibility

The Decision: The French Cour de cassation, in a case concerning a dosage regime patent, recently clarified the "plausibility" requirement, an element of sufficiency of disclosure or inventive step. The Result: The wording...more

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