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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


Paedriatric SPC extension: zero or negative term SPCs
  • Bird & Bird
  • European Union, United Kingdom
  • March 11 2009

Zero or negative term SPCs give rise to a unique disunity amongst the granting authorities in the European Member States


Does requesting and receiving approval for a pharmaceutical create a threat of patent infringement? A German perspective
  • Bird & Bird
  • Germany
  • February 28 2008

Under German law, neither the application for a marketing approval nor obtaining it constitutes a ‘use’ act under Section 9 German Patent Act


High Court’s rejection of du Pont’s UK paediatric SPC extension for Cozaar overturned by the Court of Appeal
  • Bird & Bird
  • United Kingdom
  • October 13 2009

In E I du Pont Nemours & Co.’s SPC Application (2009 EWHC 1112 (Ch)) the High Court considered an appeal from a decision of the UK Intellectual Property Office to refuse a six month extension of a Supplementary Protection Certificate covering Cozaar (Losartan, an antihypertensive) under the Paediatric Regulation 19012006


Generics (UK) Limited v Synaptech Inc
  • Bird & Bird
  • United Kingdom
  • July 17 2009

On 10 May 2009, the High Court handed down its judgment in Generics (UK) Limited v Synaptech Inc, holding that the "first authorisation to place the product on the market in the Community" in Article 13 of the EC Council Regulation 176892 (the "Regulation") referred only to marketing authorisations granted in accordance with Directive 6565EEC


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


English Court of Appeal overturns Patents Court decision on obviousness in Wake Forest University Medical Services v Smith & Nephew Plc
  • Bird & Bird
  • United Kingdom
  • October 13 2009

The validity of Wake Forest’s patent (EP (UK) 0620720) was in issue in two English cases running concurrently, Wake Forest v Smith & Nephew 2009 EWCA Civ 848 and Mölnlycke Health Care AB v Wake Forest 2009 EWHC 2204


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


UK Patents Court judgment in Laboratorios Almirall SA v Boehringer Ingelheim International GmbH
  • Bird & Bird
  • United Kingdom
  • March 11 2009

This case concerned a tit-for-tat revocation of two patents claiming the combinations of a particular anticholinergic with -agonists for treating respiratory illnesses


The Wellcome Foundation Ltd v Paranova Pharmazeutika Handels GmbH
  • Bird & Bird
  • Austria
  • March 11 2009

Following a reference from the Austrian Supreme Court, the ECJ ruled on two questions relating to the conditions applicable to repackaging of pharmaceutical products in a parallel imports case