Never Too Late: if you missed The IPKat last week

One cat leads to another

Patents 

GuestKat Léon Dijkman analysed the decision of the Hague Court of Appeal in Eli Lily and Company v. Fresenius Kabi Nederland B. V. involving an infringement claim of Eli Lily’s pemetrexed patents. This decision sets out the Dutch approach to the doctrine of equivalents, laying down a two-step approach similar to that of other European jurisdictions. 

Confidential information 

GuestKat Alex Woolgar provided a case comment on the judgment in Shenzhen Senior Technology Material Co Ltd v Celgard, LLC [2020] EWCA Civ 1293 recently delivered by the UK Court of Appeal [the first instance decision was addressed by IPKat here]. The case relates to alleged theft and misuse of confidential information by a former employee and covers interesting questions of private international law as well the UK’s implementation of the Trade Secrets Directive. 

Book Reviews 

The week was a fruitful one for book reviews! 

First, Tian Lu reviewed “Special Protection of Trade Marks with a Reputation under European Union Law”, by Michal Bohaczewski. This book comprehensively treats the topic, analyzing the existing legal framework as well as discussing various categories of infringement specific to trade mark with a reputation. 

A day later, Hayleigh Bosher discussed “The Reasonable Robot, Artificial Intelligence and the Law” by Ryan Abbott. The book covers such topics as criminal liability of artificial intelligence and the eventual patentability of AI-generated inventions (the latter topic Abbott experienced first-hand, has been addressed by IPKat here and here). 

Other 

Kat Friend Charlene Musiza prepared an event report of the “Pharmaceuticals, Health Care Value Chains and Health Resilience” webinar, held by the Nelson Mandela School of Public Governance at University of Cape Town as part of the School’s events on the African Continental Free Trade Area (AfCFTA). The speaker, Prof. Caroline Ncube, shared her insights on the content of future intellectual property provisions in the AfCFTA. These provisions are part of ongoing negotiations between the countries and are not yet publicly available. 

PermaKat Annsley Merelle Ward provided an obituary following the untimely death of patent attorney, Aidan Robinson. The IPKat team expresses its heartfelt condolences to Aidan’s family, friends and colleagues. 

Never Too Late 288 [Week ending October 25] Not a toothless prohibition: Even implicit step of treatment by surgery makes method claim unpatentable under the EPC SPCs and orphan drugs-- is the double layer getting messy or is it just a matter of timing? | A new ruling of the District Court in the Hague to shed some light? Hague District Court grants cross-border preliminary injunction against Mylan in Novartis SPC battle | Invalidating a patent after expiry of the patent term? German Federal Court of Justice confirms broad standing to sue | The threat to trust: Will the certification mark be a long-term victim of the coronavirus? | Another view on Glenn Gould, user rights, performance and recording 

Never Too Late 287 [Week ending October 18] Jürgen Klinsmann wins trade mark opposition and also strikes lethal blow by invalidating some of the opponent’s marks on the basis of non-use | [Guest post] USPTO’s report “Public Views on AI and IP Policy”. What does the industry think about AI inventions? | What's a fiduciary duty got to do with it? Lawyers, successive parties, and confidentiality