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Will Smith discusses the unusual decision of a judge to vary his order made after trial where a patent upheld by him was revoked by the European Patent Office almost immediately after the order was made.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

English Court of Appeal dismisses ‘free-standing’ FRAND declaration claim

In an appeal decision issued on 26 March 2021 the Court of Appeal has confirmed a first instance judgment, for differing reasons, that the English Courts had no jurisdiction to hear Vestel’s claim for a FRAND declaration because the claim for the declaration ...

26 March 2021

UKIPO responds to consulation on patents in AI

Following a consultation in late 2020 the UKIPO has published its summary of the responses and proposed actions. These include a further consultation on the need for legislation in relation to the possibility of AI-inventors and a study of the current ...

25 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