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UPC and EPO diverge on inventive step: lessons from Amgen’s PCSK9 patent battle
In a landmark test of the new Unified Patent Court (UPC), the European patent landscape faces a striking divergence between the UPC and the European Patent Office (EPO) on the issue of inventive step. The dispute centers on Amgen's European patent EP 3 666 797, which...
Therapeutic efficacy is a must for a novel intermediate compound to overcome Section 3(d) objection
In an appeal case between Zeria Pharmaceutical Co. Ltd., v. The Controller of Patents (C.A.(COMM.IPD-PAT) 452/2022) before the Delhi High Court, wherein the appellant - a Japanese Corporation - filed an Indian Patent Application, numbered 3630/DLNP/2011 (the subject...
UPC validates second medical use patent in Sanofi v. Amgen antibody therapeutics ruling, finds non-infringement
The Düsseldorf Local Division of the Unified Patent Court (UPC) has handed down a key decision in UPC CFI 505/2024, affirming the validity of a second medical use patent owned by Regeneron and licensed to Sanofi. The case involved alleged infringement by Amgen’s PCSK9...
Should translation requirements apply equally in patent law?
A recent High Court judgment in India highlights a potential procedural fairness question in patent examination regarding English translation standards. While patent applicants face rigorous translation requirements under multiple Patent Rules, with severe...
Annual Report 2024 of the Boards of Appeal of the European Patent Office
The Annual Report 2024 of the Boards of Appeal of the European Patent Office has been published today. It is available in English, German, and French on the Boards' website. Delivering decisions of the highest quality continued to be a central priority in 2024. As in...
Relentless pursuit of victory: BMW Group prevails in Arigna patent litigation saga
BMW Group prevailed in its long-running battle against Arigna Technology Ltd. While Arigna’s efforts spanned years and multiple venues — BMW Group’s multi-faceted legal strategy and refusal to settle ultimately forced Arigna to fold. Pressuring from all sides: BMW...
Looks can be deceiving: the first denial of a design patent IPR petition since LKQ
This August saw the first denial of an inter partes review petition for a design patent at the Patent Trial and Appeal Board (PTAB) since the Federal Circuit’s en banc decision in LKQ Corporation v. GM Global Technology Operations LLC. In Next Step Group, Inc. v....
Tesla demolishes Avago in two UPC cases
Late August 2024 saw two UPC cases decided in Avago’s patent litigation battles with Tesla, with Tesla coming out in front in each case. In the first decision, by the UPC Local Division Hamburg, Avago’s patent EP1612910B1 was narrowed to such an extent that there was...
Important notice from UKIPO: action needed to continue using EPO online filing
European Patent Office (EPO) smart cards will expire soon. The UK Intellectual Property Office (UKIPO) has updated its information on GOV.UK with specific details on what actions customers need to take and when. After September 30, 2024, customers will no longer be...
Delhi High Court allows Blackberry patent on ‘auto-selection of media files’
The convergence of various technologies on single devices has posed significant challenges to technology developers. The Appellant, BlackBerry Limited, is a corporation organized under the laws of Ontario, Canada, specializes in providing telecommunication products,...
MR Technologies emerge victorious in patent infringement case against Western Digital
Many remarkable legal actions have been taken on behalf of MR Technologies GmbH. Recently, it proved to be victorious in a dispute against Western Digital Technologies Inc. by defending its IP at the US District Court for the Central District of California....
The rise of “dupe” culture: designers struggle to protect their designs
With rising prices, it can be tough to look cute on a budget. The rise of fast fashion and “dupes” – cheap imitations of more expensive goods – have captivated the younger generation. In the past, wearing an imitation of a brand was looked down on. The new generation...
USPTO updates on AI patent eligibility: key takeaways for practitioners
The USPTO has issued updated guidelines on patent subject matter eligibility, specifically addressing artificial intelligence (AI) inventions under 35 USC 101. These updates, aligned with Executive Order 14110, clarify the evaluation process for AI innovations,...
The Uber-Waymo patent dispute: self-driving technology’s legal battles
Self-driving technology, once the stuff of science fiction, has become a rapidly advancing field poised to revolutionize transportation. At the heart of this technological evolution are companies like Uber and Waymo, pioneers in developing autonomous vehicles....
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