Only seven years ago, after decades of discussion within the European Union on the adequacy and feasibility of a uniform patent system (the purpose of which would be to overcome a fragmentation of the patent market resulting from divergences existing at the national level), almost all Member States – apart...

Neurim, the patentee, and its exclusive licensee, Flynn had brought proceedings against Mylan for threatened infringement of its patent for melatonin, which is used for the treatment of insomnia. The court refused Neurim and Flynn's application for an interim injunction to block Mylan, pending a substantive trial that had been...

Every patent practitioner will appreciate the importance of properly instructing expert witnesses and the potential consequences of not doing so correctly. The 'Medimmune' guidance Experts involved in patent cases often have a closer degree of collaboration and interaction with instructing lawyers compared to experts involved in other commercial disputes. This...

In one of the English High Court's first patent judgment of 2021, Illumina v Latvia MGI [2021] EWHC 57 (Pat), Mr Justice Birss has provided valuable clarity on the insufficiency principles set out by the Supreme Court in last year's leading Regeneron v Kymab [2020] UKSC 27 decision. Weighing in...

"App on prescription": Digital health applications on the fast lane into the standard care of statutory health insurance companies In the second part of our four-part series of articles "How to turn a health app into a marketable digital health application (DiGA)", which deals with the opportunities and challenges for...

On 18 January 2021, Mr Nicholas Caddick Q.C (sitting as a Deputy High Court Judge) ruled that Coloplast A/C's patent was invalid on grounds of obviousness. The decision can be seen as a major success for the defendant, Salts Healthcare, which had earlier been denied in its application to stay...

Challenges in relation to standard-essential patents Standard-essential patents are patents that form part of a technical standard. If the use of the standard is mandatory for access to or a competitive offer on a product market, the SEP may give a dominant position to the owner. This leads to a...

It was recently announced that experienced intellectual property (IP) barrister, James Mellor QC, has been appointed as a High Court judge assigned to the Chancery Division. His appointment takes effect on 8 February 2021 and there is no doubt he will be duly assigned to the Patents Court given his...

The Court of Appeal judgment (19 February 2021) in the case of IPCom v Vodafone [2021] EWCA Civ 205 has delivered a comprehensive review and interpretation of the law on the rarely used "Crown use" defence under section 55 of the Patents Act. Although multiple aspects of the first instance...

Chartered Trade Mark Attorney, Daniel Ramos and Senior Associate, Anna Rawlings, take a high level look at UK and EU trade mark law and procedure in comparison to the US and the key differences to note for US stakeholders.