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High Court of England and Wales has jurisdiction to try pan-European declaration of non-infringement action
- McDermott Will & Emery
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- European Union, United Kingdom
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- January 9 2013
In Actavis Group HF v Eli Lilly and Company 2012 EWHC 3316 (Pat) the High Court of England and Wales has held that, in cases where there is no challenge
What did you say? $31 million awarded for infringement of hearing aid patent
- McDermott Will & Emery
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- European Union
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- November 29 2012
In a case involving the alleged infringement of two patents related to hearing aids, one of which was found under judgment as a matter of law (JMOL) to not be infringed
Increased European patent protection following a landmark ruling on supplementary protection certificates
- McDermott Will & Emery
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- European Union
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- August 30 2012
The Court of Justice of the European Union (CJEU) rendered judgment relating to a preliminary reference from the English Court of Appeal, holding that the existence of an earlier marketing authorization (MA) of a pharmaceutical product does not preclude the grant of a Supplementary Protection Certificate (SPC) for a different application of the same product
Navigating the evolving regulation and commercialization of stem cell research
- McDermott Will & Emery
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- European Union, USA
- -
- March 22 2012
Interested parties that can successfully navigate the evolving regulation of stem cell research stand to gain significant scientific and commercial advantage
UK Supreme Court steps into line with Europe, but rejects U.S. approach
- McDermott Will & Emery
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- European Union, United Kingdom, USA
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- November 30 2011
The UK’s highest court recently considered the provisions of the European Patent Convention (EPC) centering on the “susceptible of industrial application” requirement in the context of a patent describing a DNA sequence for a new protein, Neutrokine-α, which was a member of a group of similar proteins known as the TNF ligand superfamily
Divergences in industrial applicability between the United Kingdom and the European Patent Office
- McDermott Will & Emery
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- European Union, United Kingdom
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- April 30 2010
Rejecting an appeal by Human Genome Sciences Inc (HGS), the Court of Appeal of England and Wales in Eli Lilly and Co v Human Genome Sciences Inc 2010 EWCA Civ 33 upheld the finding that HGS' patent (as amended) was invalid for lack of industrial applicability
Ownership and operation of pharmacies can be restricted to pharmacists alone
- McDermott Will & Emery
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- Austria, European Union, Germany
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- May 22 2009
In two recent cases, Commission v Italy and Apothekerkammer des Saarlandes and Others, the European Court of Justice (ECJ) found that the Italian and German legislation providing that only pharmacists may own and operate a pharmacy, is justified by the objective of ensuring that the provision of medicinal products to the public is reliable and of good quality
Lawfulness of new packaging in which drugs are marketed in another EEA state by a parallel importer
- McDermott Will & Emery
- -
- European Union
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- March 27 2009
On a reference from the Austrian Supreme Court concerning Article 7 of the Trade Marks Directive (89104EEC) and the parallel importation of pharmaceuticals, the European Court of Justice (ECJ) has followed the lead of Advocate General Sharpston and concluded that the lawfulness of the new packaging, in which drugs are marketed in another European Economic Area (EEA) State by a parallel importer, is to be measured solely against whether it is capable of damaging the reputation of the trade mark and its proprietor
Pharmacist order challenges Commission’s power of investigation
- McDermott Will & Emery
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- European Union, France
- -
- February 6 2009
The French National Pharmacist Order has launched a challenge before the European Court of First Instance against the European Commission's powers of investigation in competition cases
The extent of supply limitation on EU pharmaceutical trade
- McDermott Will & Emery
- -
- European Union
- -
- December 16 2008
In its 16 September 2008 judgment, the European Court of Justice (ECJ) gave further guidance on how a dominant pharmaceutical supplier can justify limiting supplies to wholesalers
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- Workarea - Healthcare

- Workarea - Litigation

- Jurisdiction - European Union

- Firm Name - McDermott Will & Emery

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