The US Supreme Court has now heard arguments in the appeal of Teva v Sandoz from the US Court of Appeals for the Federal Circuit. This could fundamentally change how patent decisions are reviewed by the Federal Circuit and the deference given to district court rulings, says Felicia Boyd of Barnes & Thornburg.
The Supreme Court of Canada was expected to bring the Canadian law on utility more into line with other jurisdictions, but those hopes have now received a setback, as Gunars Gaikis of Smart & Biggar/Fetherstonhaugh reports.
The UK Intellectual Property Enterprise Court offers a quick and cheap way to resolve IP disputes, but very few have involved life sciences inventions. Mark Didmon and Simon Curtis of Potter Clarkson ask whether IPEC is an appropriate forum for handling these types of patent disputes.
There still are some cultural, legal and procedural barriers that must be overcome before the potential of Brazil’s life sciences sector can be realised, as Gabriel Di Blasi and Mellina Mamede of Di Blasi, Parente & Associados explain.
The Indian Patent Office has issued guidelines aimed at bringing together the intentions of the Patents Act and the Biological Diversity Act, but this has posed serious challenges in obtaining patent protection, say Ranjna Mehta-Dutt and Neha Srivastava of Remfry & Sagar.
The current regulations in Mexico provide a legal framework for protecting genetic resources, but the framework for investing in new biotechnology is still not clear, as Karla Roxana Aispuro Castro and Mariana González Vargas of Becerril, Coca & Becerril report.
The EPO’s Enlarged Board of Appeal is about to deliver its long-awaited final decision on the patentability of plants, in the hope that it will at least bring legal certainty to patentees and unfreeze pending appeals. Franz-Josef Zimmer and Markus Grammel of Grünecker report.
At first glance, it might seem odd for a company to both divide blood plasma and fight the side-effects of cancer treatment. But not for PlasmaTech Biopharmaceuticals, which tells LSIPR about how the company does it and also protects its IP.
A new EU policy will require pharmaceutical companies to provide clinical trial data when seeking marketing approval for their drugs. But how will they ensure adequate IP protection while embracing the new culture of transparency? LSIPR reports.
Earlier this year, the Advocate General of the CJEU opined that stem cells from parthenotes are patentable. Franz-Josef Zimmer and Markus Grammel examine the reasoning behind his opinion.