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Pemetrexed: Italian Court reversed the first instance decision ordering a PI on the basis of Eli Lilly's patent
  • Bird & Bird
  • Germany, Italy
  • December 12 2018

In the case Fresenius Kabi Oncology Plc and other v Eli Lilly and Company and other, by decision of 15 October 2018, the Court of Milan overturned the

UK raises the threshold for plausibility - Will Australia follow?
  • Shelston IP Pty Ltd
  • Australia, United Kingdom
  • December 5 2018

The UK Supreme Court has handed down its judgement in Warner-Lambert v Generics & Anr 2018 UKSC 56 in which the issue of plausibility was

The ONSC Dismisses Apotex’s Attempt to Revive the Promise Doctrine Under the Guise of Fraud
  • PCK Perry + Currier Inc Currier + Kao LLP
  • Canada
  • December 4 2018

In this decision, the Ontario Superior Court of Justice (“ONSC”) refused Apotex Inc’s (“Apotex”) attempt to revive the Promise Doctrine under the

Copyright in tastes? The CJEU rules there is no copyright in the taste of cheese
  • Bennett + Co
  • USA, Netherlands, European Union
  • November 15 2018

On 13 November 2018, the Court of Justice of the European Union (CJEU) indicated that it would issue its preliminary ruling in Levola Hengelo

UK - Coloplast v. MacGregor Healthcare
  • Bristows
  • United Kingdom, European Union
  • November 14 2018

This is a first instance decision from the UK Intellectual Property Enterprise Court “IPEC” on the validity and infringement of European Patent (UK)

Balancing patent protection and disclosure
  • Wanhuida Peksung IP Group
  • China
  • November 12 2018

The Patent Law provides that a patent's claims must be based on the description, which is a key mechanism devised to balance protection and disclosure

What Are the Top Hatch-Waxman and BPCIA Developments for October 2018?
  • Morrison & Foerster LLP
  • USA
  • November 6 2018

This month we highlight a new law requiring notification to the Federal Trade Commission and Department of Justice of biosimilar litigation

Amended PMNOC Regulations: first anniversary update
  • Smart & Biggar/Fetherstonhaugh
  • Canada
  • October 31 2018

The amended Patented Medicines (Notice of Compliance) Regulations came into force on 21 September 2017, heralding significant changes to the

Key IP Developments in the United Kingdom
  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • United Kingdom, European Union
  • October 24 2018

UK patent decisions had a big year in 2017, most notably with the Supreme Court decision Actavis v Eli Lilly (2017 UKSC 48). Since a doctrine of

What Are the Top Hatch-Waxman and BPCIA Developments for September 2018?
  • Morrison & Foerster LLP
  • USA
  • October 17 2018

This month we highlight the possibility that the Supreme Court will consider the standard for adequacy of written description and a Federal Circuit