Our regular patent and pharma update aims to keep you informed of recent developments in United Kingdom and European law relating to patents and the pharmaceutical industry.
A summary of the key themes are below.
UPC commencement postponed – Preparatory Committee announces that 1 December 2017 start date cannot be maintained
UK Court takes tough stance on party unwilling to take worldwide licence on FRAND terms
The UK High Court has handed down its first decision determining FRAND royalties, and provided clear guidance as to the rights and obligations of parties to licensing negotiations and litigation relating to standard essential patents
Further consideration of SPCs
Four recent cases have dealt with the requirements to obtain an SPC. In three of these cases, Arnold J has considered the meaning of Article 3(a) of the SPC Regulation which requires that for an SPC to be granted, the relevant "product" must be "protected by a basic patent". In the fourth case, Arnold J considered the meaning of Article 3(d) of the SPC Regulation and whether an SPC can be granted for a new and inventive formulation of an old active ingredient
Court of Appeal judgment on employee compensation - Shanks v Unilever
The Court of Appeal has considered the meaning of "outstanding benefit" in relation to a claim for employee compensation under s.40 of the Patents Act 1977
How to construe a patent – recent developments
A string of recent English court decisions have grappled with issues of patent construction considering, in particular, how a notional skilled person would interpret a divisional patent or the impact of a reference in a patent to comparative examples of prior art
Prior art in the internet age
Two recent cases (one in the EPO and the other in the UK Court of Appeal ) deal with establishing the existence of prior art on the internet
"We'll sue you if you don't stop …" more flexibility to threaten IP proceedings under the new Unjustified Threats legislation in the UK
The new Intellectual Property (Unjustified Threats) Act 2017 confirms what can be a threat whilst providing for "permitted communications" or communications for "permitted purposes" which cannot be threats
The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.
© Herbert Smith Freehills 2021