McDonnell Boehnen Hulbert & Berghoff LLP (JD Supra United Kingdom)

20 results for McDonnell Boehnen Hulbert & Berghoff LLP (JD Supra United Kingdom)

  • News from Abroad -- More Pain for Warner-Lambert and Their Pregabalin Patent

    The long-awaited UK Supreme Court decision concerning Warner-Lambert's Lyrica® patent was handed down in December. In summary, the Supreme Court dismissed Warner-Lambert's appeal and upheld that the patent did not sufficiently disclose the claimed medical uses, i.e., all pain including peripheral and neuropathic pain. They also found that the claims were not even sufficient in respect of...

  • News from Abroad -- Lilly v Actavis -- Supreme Court Introduces a Doctrine of Equivalents in the UK

    The UK Supreme Court's judgment in Lilly v Actavis has profound implications for the scope of protection provided by patent claims in the UK. Originally published in J A Kemp on July 23, 2017.

  • News from Abroad -- UK Progress on Unitary Patent (UP) and Unified Patent Court (UPC)

    The UK has become the ninth state to deposit the document required to apply the Protocol on Provisional Application (PPA), which is an essential step towards formation of the UPC. Four more deposits, including that of Germany, are required for the PPA to come into force, which will allow the UPC to gain legal personality and start the process of selecting Judges and formally to adopt the Rules...

  • Fine-structure Genetic Mapping of Human Population in Britain

    One of the consequences of the explication of human genomic DNA by the Human Genome Project and related efforts has been a better understanding of anthropological history, i.e., how the human population has changed geographically over time. This better understanding has been set forth in broad strokes based on mitochondrial DNA differences in historical and contemporary human populations (leading

  • The Uncomfortable Intersection between the Practice of Medicine and Reality

    The disconnect between patents and medicine (and more particularly, between physicians who prescribe patented drugs and the pharmaceutical companies who produce them) was illustrated nicely in a recent dustup between doctors working for the National Health Service in the UK and innovator drug company Pfizer over its patented Lyrica® drug (pregabilin).

  • News from Abroad: Research Exemptions and Active Ingredient Manufacture

    After a series of papers, reports and consultations on the scope of the research exemptions to patent infringement stretching over 10 years, section 60 of the Patents Act 1977 was finally amended on 1 October 2014 by the introduction of new subsections 6D to 6G. These subsections clarify the pre-existing 'Bolar' exemption for clinical trials for generic drugs in subsection 6(5)(i) as well as...

  • News from Abroad: The Regretful Patentee -- The Re-Emergence of File Wrapper Estoppel & Equivalence in the UK

    For the best part of 10 years, since the judgment of Lord Hoffmann in Kirin-Amgen v Hoescht Marion Roussel, it has been widely assumed that there is no file wrapper estoppel in the UK and no doctrine of equivalents either. Both these assumptions are thrown into doubt by the Patent Court's decision in Actavis v Eli Lilly.

  • News from Abroad: A Strict Approach to Priority Entitlement by the UK Court of Appeal

    The Decision of the Court of Appeal in Hospira UK Generics Ltd. v. Novartis AG, [2013] EWCA Civ. 1663 was issued on 19 December 2013.

  • News from Abroad: UKIPO Decides on Correct Term of an SPC

    A recent UKIPO decision will extend the term of SPCs by a few days. The decision concerned Genzyme Corporation's product colesevelam hydrochloride, which was the subject of an SPC. Genzyme disputed the term of the SPC on two grounds.

  • News from Abroad: Further Referral by UK Patents Court to CJEU on Interpretation of SPC Regulation for Combination Products

    The UK Patents Court recently issued a judgement which referred four questions to the CJEU in the case Actavis Group v Boehringer Ingelheim that aim to clarify how the SPC Regulation ought to be interpreted in respect of products having combinations of active ingredients.

  • News from Abroad: UK High Court Considers quia timet Injunctions

    The UK High Court recently gave its judgment in the case of Merck, Sharp & Dohme Corp. and Bristol-Myers Squibb Pharmaceuticals Ltd (collectively referred to in the judgement as BMS) v Teva Pharma B.V. and Teva UK Ltd (Teva) (decision). Originally published in WP Thompson & Co. on August 4th, 2013.

  • News from Abroad: UK Court of Appeal Rules on Interim Injunctions

    The Court of Appeal recently issued a decision concerning the issues that should be considered when granting an interim injunction. The proceedings related to Novartis' product zoledronic acid, which was used to treat osteoporosis. This product was covered by a supplementary protection certificate (an SPC), as well as two use patents. Hospira, a generics company, started revocation actions...

  • News from Abroad: UK Court of Appeal Considers Sufficiency

    The Court of Appeal recently heard a case relating to Genentech's patent, which claimed the use of human vascular endothelial growth factor (hVEGF) antagonists for the treatment of non-cancerous diseases which are characterised by excessive blood vessel growth (neovascularisation or angiogenesis). Regeneron and Bayer sought a declaration of non-infringement and revocation of the patent based on...

  • News from Abroad: UK Court Seek Clarification of the Term "Human Embryo"

    In Oliver Brüstle v Greenpeace (Case 34/10) the Court of Justice of the European Union (CJEU) ruled that any non-fertilised but parthenogenically stimulated human ovum constitutes a "human embryo" within the meaning of Article 6(2)(c) as it is capable of commencing the process of development of a human being in the same way as an embryo created by fertilisation of an ovum. Clarification of the...

  • News from Abroad: UK Court of Appeal Upholds Invalidity of Enantiomer Patent

    Originally published in WP Thompson & Co. on April 1, 2013. The "Obvious to Try" Test Is Overused in Assessing Obviousness - The UK Court of Appeal Decision in Novartis AG vs Generics (UK) Ltd (trading as United Kingdom FlagMylan), provides insight into the UK court's approach to judging the validity of patents relating to enantiomers of biologically active compounds. UK Patent No.

  • New from Abroad: Broadening of UK Bolar Defence

    Originally published in WP Thompson & Co. on March 4, 2013. On 26 February 2013, the UK government announced a proposed change to the Patents Act to exempt clinical and field trials, as well as "health technology assessments," e.g., tests to obtain data to support assessment by the National Institute for Health and Clinical Excellence (NICE), for any new drugs from any claim of patent...

  • News from Abroad: Availability of Documents at the EPO -- EPO Board of Appeal Decision T1839/11

    Originally published in Forresters on January 6, 2012. Background: The patent - NovozymesFollowing grant of a patent to Novozymes in November 2009, the patent was asserted in Denmark, Germany, the Netherlands and the UK. Danisco filed an opposition in March 2010. An opposition division revoked the patent in July 2011 and an EPO board of appeal finally revoked the patent in June 20

  • News from Abroad: Speculation Invalidates Invention?

    Originally published in Forresters on December 23, 2012. Over the past few years the UK patents courts have moved closer to the approach of the European Patent Office (EPO) on inventive step. In particular, the UK courts have started to acknowledge the importance of expectation of success when dealing with obviousness. A recent decision (MedImmune Limited v Novatris Pharmaceuticals UK...

  • News from Abroad: UK IPO Stem Cell Decisions Raise Questions Concerning the Brüstle Decision

    Originally published in the Forresters on December 02, 2012. Two UK applications were rejected by a UK examiner on the ground that they constituted the 'use of human embryos for industrial or commercial purposes', which is excluded from patentability. The applications met the other requirements for patentability.

  • News from Abroad: UK Government Considers Broadening Bolar Exemption

    When a generic pharmaceutical company seeks approval for a generic version of a reference product, it must necessarily perform certain tests on its product. If the product in question is patented, then obtaining the product (e.g., through importation or manufacture) in order to carry out those tests is technically an act of patent infringement.

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