Before we start the new week, let's see what the Kats were up to last week...
Art. 53(c) EPC prohibits the grant of European patents in respect of "methods for treatment of the human or animal body by surgery". The EPO Boards of Appeal recently had the opportunity to clarify the boundaries of this provision in a case involving a patent related to tooth replacement technology. Peter Ling provided highlights of the EPO Boards of Appeal’s decision.
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The District Court in the Hague made a ruling in the case between Novartis and Mylan, concerning the pharmaceutical Exjade, which is protected by both a patent and subsequently a Supplementary Protection Certificate as well by an Orphan Drug Designation. Novartis sued Mylan for infringement of the SPC (under the term of its Paediatric Extension) on Exjade and Mylan countersued alleging the invalidity of the Paediatric Extension. Frantzeska Papadopoulou reported on the ruling concerning preliminary relief proceedings.
Conventional wisdom says that Dutch courts favour a pragmatic and commercial approach to patent litigation, allowing, where they can, patentees to effectively obtain cross-border injunctions against multiple defendants. The Hague District Court once again proved this conventional wisdom to be true when the Court granted a cross-border preliminary injunction against Mylan in the Novartis SPC battle. Léon Dijkman reported on the Court’s decision.
In the recent decision "data packet transformation" ("Datenpaketumwandlung"), the German Federal Court of Justice had to rule on whether, and under what circumstances, a party can sue for invalidity of a patent after the 20-year term of protection has already expired. Peter Ling reported on the Court’s decision.
OTHER IP TOPICS: CERTIFICATION MARK, GLENN GOULD
Pandemics may have long-term consequences. One such consequence of the coronavirus may be the threat to trust, and more specially, a threat to certification marks. Neil Wilkof provided some info on the probability that certification marks may fall victim to the coronavirus.