Exclusive patent licences under English law: Five pitfalls the licensee must avoid

http://www.twobirds.com/en/patenthub/shared/articles/2021/uk/five-pitfalls-the-licensee-must-avoid

Katharine Stephens looks at four cases decided in the last few years and draws out of them five "rules" which exclusive licensees must follow if they want to retain the rights to sue infringers.

26 January 2021

High Court considers requirements for an exclusive patent licence (Neurim v Mylan)

http://www.twobirds.com/en/patenthub/shared/articles/2020/uk/high-court-considers-requirements-for-an-exclusive-patent-licence

In the LexisNexis case analysis, Senior IP Associate, Will Smith, talks about the decision in the following matter: Neurim Pharmaceuticals (1991) Ltd & Anor v Generics UK Ltd (t\a MYLAN) [2020] EWHC 3270 (Pat). This case concerned the licensing of patented ...

22 December 2020

Licensing Markets

http://www.twobirds.com/en/patenthub/shared/articles/2019/global/licensing-markets

When a defendant loses a patent trial, when would they decide that submitting to an injunction is better than taking a license? Tristan Sherliker reports on this in the September Issue of The Licensing Journal by Wolters Kluwer

13 November 2019

RAND case struck down by the Court of Appeal — bold moves win the day for implementer ZyXEL

http://www.twobirds.com/en/patenthub/shared/articles/2019/uk/rand-case-struck-down-by-the-court-of-appeal-bold-moves-win-the-day-for-implementer-zyxel

The appeal judgment in ZyXEL v TQ Delta [2019] EWCA Civ 1277 tells a tale of tactics and legal agility. After completely waiving any right to rely on RAND undertakings, ZyXEL have tested the bounds of the developing English law

19 July 2019

Supreme Court holds Dosage Regime Patent Obvious

http://www.twobirds.com/en/patenthub/shared/articles/2019/global/supreme-court-holds-dosage-regime-patent-obvious

Today in Actavis v ICOS the Supreme Court unanimously ruled that the ICOS patent for a Tadalafil dosing regime was invalid. Lord Hodge gave the only judgment, with Lady Hale, Lord Kerr, Lord Sumption and Lord Briggs in agreement. The case attracted ...

27 March 2019