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No file wrapper estoppel in France - Court of First Instance of Paris, decision of 28 May 2010, Institut Pasteur v. Siemens Healthcare Diagnostics

Hogan Lovells
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France
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October 14 2010

Institut Pasteur is the holder of European patent No. 0 178 978 filed on 17 September 1985, and entitled "Cloned DNA sequences, hybridizable with genomic RNA of "lymphadenopathy-associated virus (LAV)"

For examination of individual character, manner in which product is used must be taken into account

Hogan Lovells
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European Union
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October 14 2010

The General Court of the European Union upheld the OHIM Board of Appeal's finding that the Community design registered for "communications equipment" is invalid for lack of individual character

Offer to sell apparatus in Norway may constitute infringement of U.S. patent - Court of Appeals for the Federal Circuit, decision of 18 August 2010, Transocean Offshore Deepwater Drilling, Inc. v. Maersk Contractors USA, Inc

Hogan Lovells
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Norway, USA
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October 14 2010

This case presents the question whether an offer which is made in Norway by a U

Lack of supportclarity v. insufficient disclosure - District Court of the Hague, decision of 19 May 2010

Hogan Lovells
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Netherlands
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October 15 2010

The District Court of The Hague rendered a decision on a (successful) insufficiency defense in the proceedings between the Danish company Novozymes and the Dutch company DSM

The legality of a European and Community Patents Court - a brief report on the oral hearing by the Court of Justice of the European Union

Hogan Lovells
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European Union
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July 22 2010

In June 2009, the Council of the European Union sought an opinion from the Court of Justice of the European Union in relation to the legality of the proposed Patent Court Agreement (PCA) and EU Patent Regulation (EUPR

Important changes in patent false marking law: avoid becoming victim to the newest variety of patent troll

Hogan Lovells
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USA
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July 22 2010

Recently, "a new breed of patent troll" has entered the patent litigation arena: individuals seeking pecuniary gain by filing qui tam actions under 35 U.S.C. 292, the patent false marking statute

European court upholds Commission case against AstraZeneca relating to Losec, but reduces fine

Hogan Lovells
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European Union
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July 16 2010

On 1 July 2010, the General Court of the European Union (the "General Court") handed down its eagerly awaited judgment in relation to AstraZeneca's appeal against a 2005 decision of the European Commission (the "Commission") finding that AstraZeneca had abused its dominant position by blocking or delaying generic versions of its drug Losec

Hong Kong High Court grants a pre-trial "springboard" injunction against a generic drug distributor

Hogan Lovells
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Hong Kong
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July 22 2010

In the case Abbott GmbH & Co KG v Pharmareg Consulting Company Limited, the Hong Kong High Court had to decide whether or not to grant a pre-trial injunction which extended beyond the life of the patent, against a number of generics companies which had obtained pharmaceutical product registrations (marketing authorizations) to supply generic pharmaceuticals while Abbott's patent was still in force

U.S. Supreme Court to review the "clear and convincing" standard for patent invalidity

Hogan Lovells
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USA
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December 1 2010

On 29 November 2010 the U.S. Supreme Court granted Microsoft's petition for certiorari in the patent infringement case i4i L.P v. Microsoft Corp., the outcome of which case could potentially affect the strength and value of all issued U.S. patents

Bilski v. Kappos: patent eligibility under section 101 not limited to the machine-or-transformation test

Hogan Lovells
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USA
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July 22 2010

On 28 June 2010 the U.S. Supreme Court affirmed the Federal Circuit's decision in In re Bilski, 545 F.3d 943 (Fed. Cir. 2008), holding that Bilski's claims were not patentable under 35 U.S.C. 101 because they recited abstract ideas

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No file wrapper estoppel in France - Court of First Instance of Paris, decision of 28 May 2010, Institut Pasteur v. Siemens Healthcare Diagnostics

For examination of individual character, manner in which product is used must be taken into account

Offer to sell apparatus in Norway may constitute infringement of U.S. patent - Court of Appeals for the Federal Circuit, decision of 18 August 2010, Transocean Offshore Deepwater Drilling, Inc. v. Maersk Contractors USA, Inc

Lack of supportclarity v. insufficient disclosure - District Court of the Hague, decision of 19 May 2010

The legality of a European and Community Patents Court - a brief report on the oral hearing by the Court of Justice of the European Union

Important changes in patent false marking law: avoid becoming victim to the newest variety of patent troll

European court upholds Commission case against AstraZeneca relating to Losec, but reduces fine

Hong Kong High Court grants a pre-trial "springboard" injunction against a generic drug distributor

U.S. Supreme Court to review the "clear and convincing" standard for patent invalidity

Bilski v. Kappos: patent eligibility under section 101 not limited to the machine-or-transformation test

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