The IPKat BLOG – Page 141

In: The IPKat BLOG

Düsseldorf Regional Court grants second-medical use injunctions for Novartis Afinitor cancer treatment

http://ipkitten.blogspot.com/2022/01/dusseldorf-regional-court-grants-second.html The AmeriKat is stunnedby the number of injunctionsbeing granted in Düsseldorf A recent series of German injunctions (on the merits) granted by the Düsseldorf Regional Court in respect of generic versions of Novartis’ Afinitor (everolimus) has been flagged to the AmeriKat’s attention by a dear Scottish Kat friend. Why are they... Continue reading
In: The IPKat BLOG

The challenge of patenting combination claims at the EPO

http://ipkitten.blogspot.com/2022/01/the-challenge-of-patenting-combination.html A patent relating to combination claims is the subject of the latest referral to the CJEU on the interpretation of the SPC regulation (IPKat). Even before you get to the question of whether SPCs are available for combination therapies, demonstrating the patentably per se of combination therapies is a challenge... Continue reading
In: The IPKat BLOG

Reminder to vote for IPKat Book of the Year Awards 2021

http://ipkitten.blogspot.com/2022/01/reminder-to-vote-for-ipkat-book-of-year.html A friendly feline reminder to vote for your favourite intellectual property law book of the year 2021 in the IPKat Book of the Year Awards! Vote for your best IP book of 2021 by taking the survey here PLEASE, FOR THE LOVE OF IP, only complete the survey... Continue reading
In: The IPKat BLOG

Around the IP Blogs

http://ipkitten.blogspot.com/2022/01/around-ip-blogs_23.html Although a bleak winter week, the IPKat is here to warm you up with tales of interesting posts from the IP blogs. TRADE MARKS Following a public consultation that took place between June and August 2021, the UKIPO recently announced that the government is not proposing to change the... Continue reading
In: The IPKat BLOG

Book review: Performers’ Rights

http://ipkitten.blogspot.com/2022/01/book-review-performers-rights.html This is a review of Performer’s Rights by the Rt Hon Sir Richard Arnold, Judge of the Court of Appeal of England and Wales. The book covers the rights of performers, particularly the rights conferred under Part II of the Copyright, Designs and Patents Act 1988 (as amended). Recognising... Continue reading
In: The IPKat BLOG

Off we go! The Unified Patent Court is officially born.

http://ipkitten.blogspot.com/2022/01/off-we-go-unified-patent-court-is.html The entry into force of the Protocol on Provisional Application of the UPC Agreement has been a major milestone for the actual birth of the Unitary Patent Court. According to paragraphs a and b of Article 3(1) of the Protocol, there are two alternative conditions for the entry into... Continue reading
In: The IPKat BLOG

[Guest post] The new German competition tool in action – Ensuring the effectiveness of the new press publisher’s neighbouring right against Google

http://ipkitten.blogspot.com/2022/01/guest-post-new-german-competition-tool.html The IPKat has received the following comment from Katfriend Moritz Sutterer (Doctoral Student and Junior Research Fellow at Max Planck Institute for Innovation and Competition) on a new competition tool that the German Competition Authority tried very recently on a firm ‘of paramount significance for competition across markets’ – Google... Continue reading
In: The IPKat BLOG

Urgent requests for declaration of non infringement (DNI)? Frequently DeNIed…

http://ipkitten.blogspot.com/2022/01/urgent-requests-for-declaration-of-non.html Many domestic cats would probably like to know in advance whether a certain activity on their part is permitted (eg. jumping on the bed while the owner sleeps). Similarly, many business cats would like to know in advance whether or not one of their products could be considered to infringe... Continue reading
In: The IPKat BLOG

Düsseldorf Higher Regional Court asks CJEU regarding the role of alternative designs in establishing functionality

http://ipkitten.blogspot.com/2022/01/dusseldorf-higher-regional-court-asks.html While this Kat was inquiring about the role of alternative designs in examination of Art. 8(1) Regulation 6/2002, the Düsseldorf Higher Regional Court (OLG Düsseldorf) sent a referral to the CJEU on just this issue (C-684/21). The case goes as follows. The claimant in the national case, Papierfabriek Doetinchem,... Continue reading
In: The IPKat BLOG

CAFC reins in obvious-try-attack against dosage patent (Teva v Corcept)

http://ipkitten.blogspot.com/2022/01/cafc-reigns-in-obvious-try-attack.html Following on from last week’s post on the written description requirement in the US (IPKat), this Kat’s attention has been drawn to yet another interesting decision from the Court of Appeal of the Federal Circuit (CAFC) in the life sciences field. In Teva v Corcept Therapeutics, the CAFC soundly rejected an obvious-to-try attack... Continue reading