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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


English Patents Court agrees with Dutch but not German court in Occlutech GmbH v AGA Medical Corp and Another
  • Bird & Bird
  • United Kingdom
  • October 13 2009

The English Patents Court was the third court in Europe to adjudicate on infringement Occlutech GmbH v AGA Medical Corp and Another 2009 EWHC 2013 (Ch


New ECJ reference in relation to supplementary protection certificates for medicinal products
  • Bird & Bird
  • European Union, Germany, United Kingdom
  • December 20 2007

The latest reference to the ECJ under Council Regulation (EEC) No 179892 concerning the creation of a supplementary protection certificate for medicinal products, which establishes the scheme by which supplementary protection certificates (SPCs) enable de facto patent term extension of up to 5 years to be secured for pharmaceuticals, concerns the time limit for filing an application for such an SPC


New regulatory requirements in the pharmaceutical sector
  • Bird & Bird
  • European Union
  • October 30 2008

Regulation (EC) No 19012006 of the European Parliament and of the Council of 12 December 2006 on medicinal products for paediatric use (hereinafter, “the Paediatric Regulation”) is intended to tackle the problems resulting from the absence of suitably adapted medicinal products for the paediatric population (including inadequate dosage information, non-availability to the paediatric population of therapeutic advances, suitable formulations and routes of administration as well as use of magistral or officinal formulations to treat the paediatric population


UK Patents Court judgment in Eli Lilly v Human Genome Sciences
  • Bird & Bird
  • United Kingdom
  • October 30 2008

The Patents Court (Mr Justice Kitchin) has, somewhat unusually, revoked a patent on the grounds of lack of industrial applicability


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


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


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


Recent judgments from the English court on obviousness
  • Bird & Bird
  • United Kingdom
  • December 15 2009

On 17 November 2009, the Court of Appeal handed down its judgment in Leo Pharma v Sandoz


Generics in France: towards an exemption from trade mark rights and a two-tier system?
  • Bird & Bird
  • France
  • December 15 2009

On 26 November 2009, the French Senate voted on the law on ‘Financing the National Social Security for 2010’