Case Reports

Smith & Nephew v Convatec Technologies

Darren's Smyth's latest IPKat post concerns an action by Smith & Nephew to revoke a patent owned by Convatec Technologies for antimicrobial wound dressings impregnated with silver.

'Tomato' patent case at the EPO results in second referral to the Enlarged Board

The European Patent Office (EPO) has referred a case relating to dried tomatoes to the Enlarged Board of Appeal for a second time.In his latest IPKat post, EIP's Darren Smyth discusses the most...

Comic Enterprises Ltd v Twentieth Century Fox Film Corp [2012] EWPCC 13 – guidance on litigation before the Patents County Court

In ruling on an application to transfer a passing off and trade mark infringement action from the Patents County Court (PCC) to the High Court, HHJ Birss QC has provided further useful guidance for...

Registered Community Designs: reasons for refusal

The OHIM has begun publishing information about Registered Community Design applications that have been refused.The designs themselves are not shown, but the grounds for refusal are now being made...

Sanofi-Aventis patents on cancer drug Taxotere declared invalid

Two Sanofi-Aventis US patents for the cancer drug docetaxel, marketed as Taxotere, have been declared invalid by the Court of Appeals for the Federal Circuit.

Samsung v Apple tablet battle hits the UK

The ongoing dispute between Apple and Samsung over Apple's Registered Community Designs for its iPad has now entered the UK courts.Darren Smyth's latest IPKat post relates to a decision of Mr Justice...

Poland's law on cheap drugs declared contrary to EU law

A Polish law which allowed the sale of unapproved drugs which were cheaper than those approved has been declared contrary to EU law.The decision by the Court of Justice of the European Union is...

Regeneron Pharmaceuticals Inc, Bayer Pharma AG v Genentech Inc

In today's IPKat, Darren Smyth analyses the decision in Regeneron Pharmaceuticals Inc, Bayer Pharma AG v Genentech Inc, a case which started as an action for a declaration of invalidity of...

AstraZeneca patent revoked for obviousness

In a decision on 22 March in Teva and ors v AstraZeneca concerning a patent on a sustained release formulation of an anti-psychotic drug, Mr Justice Arnold revoked the patent due to obviousness.

UK Government confirms Patent Box scheme

Chancellor George Osborne confirmed in his 2012 Budget that the proposed Patent Box scheme will go ahead.When fully phased in, the rate of Corporation Tax on profits attributed to patents will be 10%.

EPO publishes draft version of revised Guidelines for Examination 2012

The European Patent Office (EPO) has published the draft version of revised Guidelines for Examination 2012 online.Partner Darren Smyth casts his eye over the draft version in his latest IPKat post.

Compulsory licensing in India – Must products be manufactured locally?

The first compulsory licence of an Indian patent since the TRIPS regime was implemented in India has been awarded. Although the licence relates to a pharmaceutical product, the grounds on which the...

TRIPS and compulsory licensing

Following on from his IPKat post about India granting its first compulsory licence, Darren Smyth explores what limitations the TRIPS agreement puts on compulsory licensing in his latest blog.

India grants first compulsory licence

The first compulsory licence has been granted by the Controller of Patents Mumbai.The application concerns the anti-cancer drug Sorafenib, a patented drug owned by Bayer Corporation.

Scientific publishing: learned society journals v commercial alternatives

The subject of today's IPKat post - The Cost of Knowledge - by Darren Smyth concerns a campaign against Elsevier, the publisher of academic journals.