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Edwards Lifesciences AG v Cook Biotech Incorporated
- Bird & Bird
- -
- United Kingdom
- -
- July 17 2009
Mr Justice Kitchin handed down a decision only four weeks after the hearing, finding Cook’s patent invalid and not infringed by Edwards’ SAPIEN heart valve
EPO Enlarged Board of Appeal rejects patent that requires human embryos for implementation
- Bird & Bird
- -
- United Kingdom
- -
- December 31 2008
In its decision of 25 November 2008 the EPO Enlarged Board of Appeal (EBA) considered four questions referred to it by the EPO Technical Board of Appeal concerning a patent application by Wisconsin Alumni Research Foundation (WARF) with claims to “a cell culture comprising primate embryonic stem cells…”
New regulations for medical devices
- Bird & Bird
- -
- Spain
- -
- December 15 2009
On 6 November 2009, two new regulations reshaping the framework for medical devices were published in the Spanish Official Gazette
Preliminary injunctions in pharmaceutical patent actions
- Bird & Bird
- -
- Italy
- -
- May 13 2009
By a decision of 15 April 2009 issued in a preliminary injunction proceeding, the Court of Milan held that the mere grant of a Marketing Authorisation (MA) for a generic pharmaceutical product does not constitute an imminent threat of patent infringement
End of German Olanzapine battle: Federal Supreme Court upholds patent
- Bird & Bird
- -
- Germany
- -
- March 11 2009
On December 16, 2008 the Federal Supreme Court gave its judgment determining the validity of the Olanzapine patent, this was further to its revocation by the Federal Patent Court at first instance
Patents Court upholds supplementary protection certificate for a novel enantiomer in Generics UK Limited v Daiichi
- Bird & Bird
- -
- United Kingdom
- -
- December 31 2008
Generics (UK) Limited (“GUK”) was unsuccessful in its attempt before the Patents Court (Mr Justice Kitchin) to revoke Daiichi's Supplementary Protection Certificate (“SPC”) in respect of levofloxacin
Federal Supreme Court of Germany decides on second medical use claims that relate to dosage recommendations
- Bird & Bird
- -
- Germany
- -
- May 29 2007
In the decision Carvedilol II (file X ZR 23601), the Federal Supreme Court had to deal with the validity of the German part of a European patent that was defended with a main claim, the essential part of which reads as follows: “Use of Carvedilol for the manufacture of a medicament , wherein the medicament is administered in an initial dose of 3.125 mg , daily for a period of 7- 28 days .”
Patent decisions on patents for chiral compounds
- Bird & Bird
- -
- United Kingdom
- -
- May 13 2009
A chiral compound is one which has at least one asymmetric carbon centre
UK Patents Court judgment in Dr Reddy’s Laboratories v Eli Lilly
- Bird & Bird
- -
- United Kingdom
- -
- December 31 2008
In a judgment handed down in October of this year, the Patents Court (Mr Justice Floyd) upheld EP (UK) 0,454,436 (the “Patent”) which is owned by Eli Lilly and which protects the schizophrenia drug olanzapine
ECJ decision in AHP Manufacturing BV v the Bureau voor de Industriele Eigendom (Case C-48207)
- Bird & Bird
- -
- European Union
- -
- October 13 2009
The ECJ has accepted that the holder of a basic patent is entitled to one SPC regardless of whether other SPCs have already been granted to other holders of one or more other basic patents
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