by Sean Hutchinson | Jun 12, 2024 | EPO
Background In our article of January 2024, we reported that the opponent in the case underpinning the “plausibility” referral (G 2/21) had filed a petition for review of the referring board’s decision (T 116/18) by the Enlarged Board of Appeal. That petition is...
by Sean Hutchinson | Apr 2, 2024 | UPC
The UPC’s rules of procedure provide that when deciding whether to grant a preliminary injunction, the court may require the party applying for the preliminary injunction to show with a “sufficient degree of certainty” that the patent in question is valid and...
by Sean Hutchinson | Jan 25, 2024 | EPO
When the EPO’s Enlarged Board of Appeal issued its decision in G 2/21 (the “plausibility” referral), many were left wondering what the requirements were for a patent applicant/proprietor to be able to rely on post-filed evidence in support of inventive step. However,...
by David Eyre | Jan 22, 2024 | US & International
Background – Skinny Labelling Enacted by the Hatch–Waxman Act In 1984, the US Congress introduced a law called the Drug Price Competition and Patent Term Restoration Act, or the “Hatch–Waxman” Act after the two sponsors of the bill: Representative Henry Waxman and...
by Carolyn Haywood | Oct 10, 2023 | US & International
Background With the present appeal, Baxalta challenged the District Court’s decision to hold claims 1–4, 19, and 20 of U.S. Patent No. 7,033,590 (the ‘590 patent) invalid for lack of enablement. Independent claim 1 is representative and recites: An isolated antibody...
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