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Delhi High Court sets out a seven-step test for patentability of mental acts under Section 3(m) of the Patents Act
The appeal arose from the refusal of Indian Patent Application No. 468/DELNP/2008 titled “Method and Arrangement for Optimising the Operational Times and Cell Change Performance of Mobile Terminals.” During the proceedings, the Court noted that despite the existence...
Delhi High Court sets out a seven-step test for patentability of mental acts under Section 3(m) of the Patents Act
The appeal arose from the refusal of Indian Patent Application No. 468/DELNP/2008 titled “Method and Arrangement for Optimising the Operational Times and Cell Change Performance of Mobile Terminals.” During the proceedings, the Court noted that despite the existence...
UK High Court upholds Novartis’ Entresto patent and SPC in Accord challenge
Novartis has successfully defended its Entresto patent protection in the UK, after the High Court rejected Accord Healthcare's challenge to the validity of the relevant patent rights and found that Accord's intended generic product would infringe. Mr. Justice Meade...
USPTO proposes new transparency rules for parties behind patent reexamination challenges
The United States Patent and Trademark Office (USPTO) has proposed requiring third-party requesters for ex parte reexamination to identify all real parties in interest behind a challenge. The proposed rule, published in the Federal Register on July 22, 2026, would add...
Cytokinetics challenges BMS patent in bid to clear MYQORZO launch obstacle
Cytokinetics has launched a Delaware patent action against Bristol Myers Squibb and its MyoKardia subsidiary, seeking to clear a recently issued patent that it says does not cover its cardiac myosin inhibitor MYQORZO (aficamten). Cytokinetics filed the complaint on...
How generative AI is forcing a rethink on obviousness
Generative AI burst into public consciousness at the end of 2022, and by January 2023, ChatGPT—one of the most popular large language models—amassed over 100 million users, becoming the fastest-growing app ever. Since then, much of the focus for intellectual property...
Artificial intelligence at the EUIPO
AI governance Artificial intelligence (AI) is at the core of the European Union Intellectual Property Office's (EUIPO) vision. Its approach to AI is human-centric, rooted in the needs and priorities of the staff, ensuring that AI serves as a helpful tool to support...
UK Government responds to the AI Action Plan
In January, the UK government set out its response to the AI Opportunities Action Plan that was developed by tech entrepreneur and Chair of Advanced Research and Invention Agency (ARIA) Matt Clifford CBE. The plan set out recommendations for the government, which...
Public interest prevails: Roche denied injunction in patent dispute
F. Hoffmann-La Roche AG (Roche) brought a Patent infringement case at the Delhi High Court against Natco Pharma Limited (Natco). The claim of Roche was based on infringement of its patent for a compound Risdiplam marketed under the brand name EVRYSDI® used in the...
Nike v. Lululemon: a landmark patent battle in the footwear industry
The ongoing legal battle between Nike and Lululemon has become a focal point in the sportswear industry, highlighting the increasing importance of intellectual property (IP) protection in a highly competitive market. The case, which began in January 2023, centers...
Pfizer and BioNTech secure PTAB victory against Moderna amid global patent disputes
Pfizer and BioNTech scored a significant win at the US Patent Trial and Appeal Board (PTAB or the Board) over COVID-19 vaccine technology. The Board invalidated all challenged claims in two of Moderna's patents related to its Spikevax COVID-19 vaccine, citing strong...
Open source and AI from a community-based intellectual property perspective
We recently had the opportunity to speak with Keith Bergelt, the CEO of Open Invention Network (OIN). OIN is the largest patent non-aggression community in history and the forerunner to many other organizations that have been formed to collectively shield companies...
Federal Circuit lowers barrier for ITC patent enforcement: a win for small biotech firms
In an important decision that has significant implications for patent enforcement in the biotherapeutic and cell culture arts, the Federal Circuit has reaffirmed the International Trade Commission’s (ITC) authority to block the importation of infringing. The ruling in...
Letters Rogatory: a valuable tool for the collection of evidence across borders
The case involves a patent dispute between Pfizer Inc. and its subsidiaries (FoldRx Pharmaceuticals, LLC, PF PRISM IMB B.V., and Wyeth LLC) (Petitioners) against Softgel Healthcare Private Limited (Respondent), an Indian company. The dispute centers around the alleged...
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