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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
Long haul patent dispute: the latest chapter in the aircraft flat bed seat litigation
- McDermott Will & Emery
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- European Union, United Kingdom
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- September 17 2012
The High Court of England and Wales has held that the main patent (as amended) owned by Virgin Atlantic Airways Limited for flat bed airline seats is valid but not infringed by the seats manufactured by Contour Aerospace Limited and used by the airline defendants
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
Virgin Atlantic Airways Ltd v Premium Aircraft Interiors UK Ltd: subsequent patent claim amendment and res judicata
- McDermott Will & Emery
- -
- European Union, United Kingdom
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- March 31 2011
Following an infringement action between the parties, the Court of Appeal had held the Claimant's patent valid and infringed and made an order for damages, an injunction and a series of undertakings
Questions on the interpretation of the SPC Regulation referred to the CJEU
- McDermott Will & Emery
- -
- European Union, United Kingdom
- -
- March 31 2011
In connection with Neurim Pharmaceuticals (1991) Ltd v The Comptroller-General of Patents 2011 EWCA Civ 228, the Court of Appeal of England and Wales has referred five questions to the Court of Justice of the European Union (CJEU) on the interpretation of Regulation 176892EC (now 4692009) - The SPC Regulation
Intellectual Property Office practice notice on second medical use claims: "Swiss-type" claims objectionable
- McDermott Will & Emery
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- European Union, United Kingdom
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- August 3 2010
Until recently, the only acceptable form of wording for patent claims in respect of a second medical use for a known compound was the so-called "Swiss-type" claim
