Despite several UK court decisions centring on second medical use patents, there are no foolproof ways for generic manufacturers to avoid infringement, as Deborah Hart of Kilburn & Strode explains.
The European Commission is considering whether ‘export waivers’ should be introduced in order to partly relax the rules on supplementary protection certificates. Gareth Morgan of Olswang explains more.
During nearly 30 years as a US Supreme Court justice, Antonin Scalia had the unenviable tasks of ruling on homosexuality, the right to carry hand guns, and abortion. Nevertheless, it was a mystery patent case that proved the most difficult. WIPR looks back at some of the most important IP cases of the past few years and how Scalia voted on them.
The unitary patent and UPC would still go ahead, but what would be the impact for the life sciences sector if the UK voted to leave the EU? Victoria Bentley and Helen Cline of Pinsent Masons investigate.
Following the Federal Circuit’s ruling in Amgen v Sandoz, biosimilar applicants should weigh up several factors when deciding whether to opt into the so-called patent dance. Gerard Norton and Michael Montgomery of Fox Rothschild discuss the potential strategies.
Sandoz has brought to market its generic pregabalin product with a full label in the UK and a skinny label in France. Varuni Paranavitane of Osborne Clarke reports on court rulings in the UK, and most recently France, on actions brought by Warner-Lambert against Sandoz.
An Advocate General in the Court of Justice of the European Union, Niilo Jääskinen, has clarified how the regulation for supplementary protection certificates should be interpreted concerning medicinal products made with a combination of active ingredients.
The CJEU’s decision in Forsgren has brought greater clarity to the scope of the SPC regulation, including whether a substance is an active ingredient, as Avi Toltzis and Penny Gilbert of Powell Gilbert explain.
The tussle between Teva and Amgen over the latter’s SPC for lipegfilgrastim is still playing out in Denmark’s IP court and may yet be referred to the CJEU. Michael Pitzner-Bruun of law firm Kromann Reumert reports.
An advocate-general at Europe’s highest court has said SPCs should come into effect once an applicant for a marketing authorisation has been notified of that authorisation. This is good news for SPC owners, say Anja Lunze and Paul England of Taylor Wessing.