Judicial specialism in the Spanish patents courts


In light of the growth of patent litigation and the need for judges with technical expertise, Spain assigned exclusive jurisdiction over patent cases to certain commercial courts ("specialized courts"). However, despite criticism of such conduct from the ...

06 May 2021

Neurim vs Mylan – Victory from the jaws of defeat


Will Smith discusses the unusual decision of a judge to vary his order made after trial where a patent upheld by him was revoked by the European Patent Office almost immediately after the order was made.

16 April 2021

Illumina v MGI: Patents Court gives guidance on the skilled person, CGK, and insufficiency


In Illumina v Latvia MGI Tech (‘MGI’) [2021] EWHC 57 (Pat), Birss J (as he then was) has handed down a 520 paragraph judgment providing some helpful practical guidance in respect of several issues that commonly arise in UK patent litigation

26 March 2021

British American Tobacco burnt by Patents Court judgment on heat-not-burn devices


We review the High Court’s decision in Philip Morris Products, SA & Philip Morris Limited v Rai Strategic Holdings, Inc & Nicoventures Trading Limited [2021] EWHC 537 (Pat). The court conducted an assessment of the validity of two patents held by British ...

11 March 2021

Excluded subject matter – a reminder of the importance of applying the statutory test


Katharine Stephens considers the decision in Reaux-Savonte v Comptroller-General of Patents, Designs and Trade Marks which serves as a reminder from the English High Court not to lose sight of the statutory test when considering whether an invention is ...

10 February 2021