Case Reports

Sandoz v BMS – Court of Appeal grapples with plausibility again

Sandoz Limited v Bristol-Myers Squibb Holdings Ireland Unlimited Company; Teva Pharmaceuticals Industries Limited v Myers Squibb Holdings Ireland Unlimited Company [2023] EWCA Civ 472 The Supreme...

The UPC is now open!

After more than 50 years in the making, the Unified Patent Court finally launches today – 1 June 2023. This represents the most significant development in European patent law and practice since the...

The UPC: I've done nothing about it - will it be okay?

Owners of EP applications and patents will have almost certainly have had requests by now asking whether they wish to opt their patents/applications out of the jurisdiction of the UPC.

Preserving the strict deadline of urgency in patent preliminary injunction proceedings

A discussion of: Regional Court Düsseldorf, Judgement of December 15, 2022 – 4 a O 91/22, „Solarzelle II" (German language source: link) Regional Court Munich I, Order of July 20, 2022 – 7 O 6982/22,...

The limits of an “opt-in” to the UPC – How and when can national actions block the way back to the UPC?

Key points: OPT-OUT / OPT-IN / Art. 83 UPCA / TRANSITIONAL REGIMEImmediately prior to the launch of the UPC, there is heated debate among patent owners as to whether or not to declare an "opt-out"...

Smoke Without Fire - British American Tobacco’s “heat not burn” products found not to infringe two of Philip Morris International’s patents

Nicoventures Trading Limited v Philip Morris Products SA & Anor [2023] EWHC 854 (Pat) Another judgment has recently been handed down in the ongoing global dispute between tobacco giants British...

European Commission Proposals on Data Exclusivity and the Bolar Exemption

On 26 April, the European Commission published proposed legislation (specifically a new Regulation and a new Directive) aimed at reforming EU legislation in relation to pharmaceuticals.

Mental Health Awareness Week 2023 - Anxiety

At the outset, it must as usual be remarked that this piece should not be relied upon for treatment, solution, comfort or calm. This, and other works like it, are written from but a singular...

EIP Amar webinar - Prepare for the UP and UPC

On 21 and 22 March a panel from EIP Latest hosted an informative webinar where they discussed everything your business needs to know about the effect of the incoming Unitary Patent and Unified Patent...

A Year in Patents - Part 2/4: Getting to Grips with the Law

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.

Winds of Change: Taking Advantage of The New Unitary Patent

As the demand for renewable energy continues to grow, it becomes increasingly important for manufacturers of wind turbines to patent their technology.

Reining IT in – Differing Approaches to AI Regulation in the UK and the EU?

IntroductionWhen researchers at Darmouth College coined the term ‘artificial intelligence' ("AI") in a research proposal in 1955, they could hardly have imagined the explosive impact the...

EU Commission proposes EU-wide compulsory licences for the first time

Compulsory licences are a feature of patent law across Europe. They are a recognition that there are some circumstances in which the public interest can over-ride the rights of patentees.

EU Commission Announces Major Reforms to Supplementary Protection Certificates

The EU Commission has announced a series of related proposals that will dramatically change the way in which most SPCs are obtained in Europe.

Tulip Mania - Can an individual or group be said to have de-facto control over a cryptocurrency network?

(Tulip Trading Limited v Van der Laan and Others [2023] EWCA Civ 83)In the Dutch Golden Age, circa 1634, the price of tulip bulbs temporarily reached extraordinarily high levels as market speculators...