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An Ocean Apart – Differences in US and EPO claim interpretation
Recent cases from the US Federal Circuit and the EPO Boards of Appeal highlight how the two jurisdictions have reached strict, and completely opposite, approaches to interpreting claims in light of the description. These cases demonstrate the need for ...
Court of Appeal affirms death of Bayer’s blood clotting patent in expedited hearing
The Court of Appeal announced at the conclusion of the hearing, on 16 May 2024, that Bayer’s appeal in the rivaroxaban litigation against a finding of invalidity following challenges by a number of generic pharmaceutical companies, which we have ...
T 0192/22 - Is a first medical use claim a magic bullet?
The EIP team was pleased to receive the BoA Decision on T 0197/22 earlier this month, providing the reasons for revocation of Translate Bio’s EP 3318248 B1 at the oral proceedings held in March, where we represented one of the Opponents. The p...
T 1762/21 – The EPO Board of Appeal Clarifies the Term “Inextricably Linked” When Assessing an Intermediate Generalisation
A recent decision from a Technical Board of Appeal of the European Patent Office provides clarity as to how “intermediate generalisations” are assessed for added matter. This decision states that certain features can be omitted from a claim...
Charged Up: Are we missing the potential of domestic battery storage for the energy transition?
It’s accepted that batteries will play a more and more important role in managing electricity demand as we transition to a greater proportion of renewables, but have we been thinking about them in the wrong way? I read a fascinating article on us...
Updated EPO Guidelines on AI – why US companies should encourage close collaboration between their US and European attorneys on AI patent applications
On 1 March 2024, the European Patent Office (EPO) updated its Guidelines for Examination regarding AI inventions. This included new wording relating to the sufficient disclosure of training data. Specifically, the new Guidelines state in F-III-3 that...
Court of Appeal takes AIM at attempts to show knock-on effect of pragmatic case management
Supponor Ltd v AIM Sport Development AG [2024] EWCA Civ 396 In a judgment handed down on 23 April 2024, the Court of Appeal dismissed Supponor’s appeal against the decision of Meade J in the High Court finding AIM Sport’s European Patent ...
Blood drains from Bayer patent as it is found to be non-inventive
We previously reported on Bayer’s application seeking an interim injunction against a number of generics companies to protect its rivaroxaban product (link) ahead of the imminent judgment on validity of the patent EP (UK) 1 845 961 (the “EP...
To Injunct Or Not To Injunct?
Judge Asked To Grant A 9/10 Day Interim Injunction to Protect Bayer’s Anticoagulant Rivaroxaban Ahead of Main Judgment Pharmaceutical company, Bayer found success in its application seeking an interim injunction, lasting just 9-10 days, to prot...
AI and Big Data in Agritech
First published by Process Engineering - February 2024 The world’s population stands above 8 billion in 2024 and is still growing. That growth may be slowing down but nonetheless there may be another 2 billion mouths to feed in the next 50 year...
Balancing Expertise: Mellor J's Ruling on Scientific Advisers vs. Expert Evidence
Hill v Touchlight Genetics Ltd & Ors [2024] EWHC 533 (Pat) (08 March 2024) Summary This judgment concerns a novel issue in the Patents Court which arose at the second CMC in this action, regarding whether the Court should appoint a scientific a...
Maternity wear retailers Seraphine Limited and Mamarella GmbH clash over serving proceedings out of the Jurisdiction
Background The Claimant Seraphine Limited (“Seraphine”) a maternity wear retailer had a trading relationship with the Defendant Mamarella GmbH (“Mamarella”), a German online retailer selling maternity wear. This relationship c...
Foreign websites which target UK consumers in the court’s sights
Lifestyle Equities CV & Anor v Amazon UK Services Ltd & Ors [2024] UKSC 8 The Supreme Court has recently handed down judgment in a dispute between the owner of the “Beverley Hills Polo Club” trademark, Lifestyle Equities, and inte...
Technology and Climate change
Key points The transition to green energy may reduce the cost of energy as renewable energy becomes cheaper than fossil fuels for most applications. Cheaper energy will support future technology. The environmental impact of technologies such as a...
A Year in Patents - Part 4/4: Back to School—and Back to Exams
Dr Girish Nivarti joined EIP’s London office in October 2022. In this four-part series, he chronicles his first year as a trainee patent attorney. This is the final instalment of the series. When I graduated from University, I thought I had bi...
IPEC Refuses to “Doff its Cap” – Stays Firm on Cost Limits
Equisafety v Battle [2024] EWHC 283 (IPEC) Summary This case was originally a trade mark and passing off dispute between two entities over the use of the word mark “mercury” in relation to high visibility equestrian products being markete...
Denial of Interim Injunction Favours Start-up Amid Concrete Delivery Patent Dispute
Cloud Cycle Ltd v Verifi LLC & Anor [2024] EWHC 233 (IPEC) (07 February 2024) Summary This action concerns a claim by Cloud Cycle Limited (“CCL”) for a declaration of non-infringement of EP (UK) 1 720 689 (the “Patent"), relat...
Deletion of “claim-like” clauses: an EPO Board of Appeal allows them to remain in the granted patent (T 0438/22)
Summary A recent decision T 0438/22 from the EPO’s Boards of Appeal questions the justification for the EPO’s Guidelines for Examination requirement that "claim-like" clauses in the description of the patent specification be unconditional...
EPO Board of Appeal applies the G2/21 test for post-published evidence
The EPO Board of Appeal decision on T 0852/20 has recently been published. It is another decision using the new test under G 2/21, which set out when post-published evidence can be relied upon for inventive step, reframing the older case law, some of w...
Abbott v Dexcom [2024] EWHC 36 (Pat)
Abbott v Dexcom [2024] EWHC 36 (Pat) Background The first UK battle held in the wide-ranging (both in terms of number of patents and geographical area) patent fight between Abbott and Dexcom has ended in a stalemate. Mr Justice Mellor has found two...
Amendments to Rules of Procedure of the Boards of Appeal: attempt to enhance timeliness for cases involving parallel litigation
Summary On the 1 January 2024, amendments made to the Rules of Procedure of the Boards of Appeal came into force [1]. A change to Article 15(1) means that a Board can now summon parties to oral proceedings earlier than before. Article 13(2) has also ...