Intellectual Property Notes

Supreme Court upholds Court of Appeal's finding of obviousness in relation to a patented dosage regime

The Court of Justice of the European Union holds that Supplementary Protection Certificates cannot be obtained for new formulations of previously approved active ingredients in Abraxis (Case C-443/17)

Herbert Smith Freehills' global Trade Marks Practice lauded a 'formidable force' in WTR 1000 rankings

Herbert Smith Freehills' Brexit Legal Guide updated - comparison of IP and pharma provisions in the draft Withdrawal Agreement versus the No Deal provisions promised by the UK Government

Preparations for the UPC continue despite an "unpredictable environment"

The UPC Preparatory Committee has issued a “Status of the Unified Patent Court Project” statement and review of 2018, confirming that there …

Advocate General proposes literal interpretation of Article 3(d) SPC Regulation in Abraxis (C-443/17)

The Advocate General of the CJEU proposed a narrow interpretation of Article    3(d) in the Opinion given yesterday in Abraxis …

Patent and Pharma Update - December 2018

Italy moves the unitary patent a step closer

CJEU rules on whether the NHS reimbursing off-label medicinal products for cost-cutting purposes conflicts with Directive 2001/83/EC

Novartis Farma S.p.A. v Italian Medicines Agency and Roche Italia S.p.A. On 21 November 2018, the CJEU issued an important decision in Novartis Farma v …

French court upholds validity of MSD's SPC protecting ezetimibe and simvastatin in combination

A French Court has upheld the validity of a Supplementary Protection Certificate ("SPC") protecting the ezetimibe+simvastatin combination under Article …

Draft Withdrawal Agreement Approved by UK Cabinet - IP and Marketing Authorisation Provisions Summarised

As was widely reported yesterday evening, the Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the …

UK SUPREME COURT RAISES SUFFICIENCY STANDARD FOR SWISS-FORM CLAIMS AND LIMITS THE ABILITY TO ASSERT THEM AGAINST "SKINNY LABEL" PRODUCTS

Commercial impact Yesterday's Supreme Court decision in Warner-Lambert v Mylan is disappointing news for patentees who may have made significant …