ImClone's lost patent rights
ImClone thought its antibody patent was theirs - but the District Court for the Southern District of New York ruled otherwise, giving it to Yeda. The Patent Baristas blog explains that you can't prove your team has made an invention unless your internal records are strong enough to support your contention.
The Gowers Review: watch this space ...

IPKat co-blogmeister Jeremy is provisionally planning to conduct some in-depth seminars on what the Gowers Review recommends and what those recommendations may mean to IP owners, practitioners, competitors and consumers. To that end, he has reserved slots at the Chamber of Shipping (near the Barbican, London) for four consecutive Monday afternoons - 20 and 27 November and 4 and 11 December - for a workshop on the Gowers Review (they're not cumulative: each one will cover the same issues). The price is unlikely to exceed £85 for the afternoon and may be cheaper. If you'd like further information once it becomes available, please email the IPKat here or Jeremy here.
The IPKat is sometimes asked what his policy is with regard to copyright in material that's posted on this weblog. The position is this: the copyright in all material that is original to the weblog and generated by its blogmeisters is owned by Ipkat Limited. The company is happy to allow free use for what are essentially non-commercial purposes and is even happier to grant a licence on thoroughly reasonable terms to anyone who wants to use any material for commercial (and that includes profitable) purposes. If you're not sure whether your use is commercial or not, email the IPKat here and he'll be pleased to tell you.
Alles in Ordnung
The IPKat's learned friend Dr Alexander von Mühlendahl, currently practising as a Rechtsanwalt in Munich after his stint at OHIM, has kindly drawn his attention to an increasing tendency of the European Court of Justice to deal with Community trade mark-related appeals from the Court of First Instance by way of an order rather than through the traditional mechanism of a hearing followed by a judgment.

Regarding the Imclone decision:
ReplyDeleteOne should also make sure that the right request is made under Section 37(5), as a change of mind may not be allowed after the 2 year post grant limit is up. Yeda have found this out to their cost in the recent Court of Appeal decision.