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EPO Boards of Appeal Approach to Partial Priorities

EPO Boards of Appeal Approach to Partial Priorities

by | Jul 1, 2017 | EPO

The applications relate to compositions for dental impression materials. Claim 1 of the granted patent read as follows: “A dental impression material comprising a base paste and a catalyst paste, wherein the base paste comprises at least one polymerizable...
A move towards a doctrine of equivalents? – Eli Lilly v Actavis

A move towards a doctrine of equivalents? – Eli Lilly v Actavis

by | Jul 1, 2017 | UK

Facts and History On the face of it, the Eli Lilly v Actavis case seems straightforward. Eli Lilly is the proprietor of European patent No. 1313508 which claims:- “Use of pemetrexed disodium in the manufacture of a medicament for use in combination therapy for...
Markush Formulae and SPCs

Markush Formulae and SPCs

by | Jun 1, 2017 | UK

Background According to Article 3(a) of the SPC Regulation (European Parliament and Council Regulation 469/2009/EC of 6 May 2009 concerning the supplementary protection certificate for medicinal products) an SPC shall be granted for a medicinal product if the product...
Arrow Declarations – Part III

Arrow Declarations – Part III

by | May 1, 2017 | UK

Background For more information on Arrow Declarations, please read Part I and Part II of this series of articles. In September 2016, Mr Justice Arnold refused to strike out Fujifilm’s request for an Arrow Declaration, at the request of AbbVie, based on bad faith...
Arrow Declarations – Part III

Arrow Declarations – Part II

by | Jan 1, 2017 | UK

Background Arrow Declarations are declarations regarding the validity of subject-matter (rather than specific patents) and provide accused infringers of legal certainty that their proposed activities will not fall within the scope of any valid patent that may be...