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  • The Australian High Court Upholds Patentability of Methods of Medical Treatment in Apotex v Sanofi-Aventis

    16 April 2014

    This case concerned Apotex’s generic version of Sanofi-Aventis’ leflunomide drug, ARAVA®. Sanofi-Aventis obtained a patent which claims: “A method of preventing or treating a skin disorder, wherein the skin disorder is psoriasis, which comprises administering to a recipient an effective amount of [leflunomide]”. Leflunomide is used in Australia to treat psoriatic arthritis and rheumatoid arthritis, […]

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  • Stay – the ‘default’ position for UK courts pending an EPO opposition?

    16 April 2014

    In the recent case of IPCom GmbH & Co Ltd v HTC Europe Ltd and others [2013] EWCA Civ 1496, the Court of Appeal upheld a decision to refuse a request to stay proceedings in light of pending opposition proceedings before the EPO. The length of time typical opposition proceedings may remain pending was thought […]

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  • “I’m out” – Court of Appeal Rules No Infringement of Trunki Design

    7 April 2014

    On 28th February 2014, Magmatic, the company behind the Trunki ride-on suitcase which was made famous by the BBC’s Dragons’ Den, suffered a major setback when the Court of Appeal handed down its decision in Magmatic Ltd v PMS International Ltd . The Court of Appeal reversed the first instance decision of Arnold J, finding […]

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  • The EPO on Second Medical Use Claims, Witness Testimony and Oral Disclosures

    13 March 2014

    A recent far-reaching decision of a Technical Board of Appeal of the EPO (T2003/08) reviewed: (i) whether means for achieving a therapeutic effect can be protected by a Swiss-style second medical use claim; (ii) whether witnesses should be heard if they attend a hearing having not first confirmed receipt of a summons from the EPO; […]

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  • Undiluted: CJEU Critical of General Court’s Decision in Wolf Trade Mark Battle

    13 March 2014

    In 2012, we commented on the impact of the decision of the General Court in Environmental Manufacturing LLP v OHIM & Société Elmar Wolf . This decision was subsequently appealed to the Court of Justice of the European Union (“CJEU”), which made its decision on the merits of the appeal on 14 November 2013 (Case […]

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  • Withers & Rogers to sponsor the Nordic IPR Forum 2014

    12 March 2014

    Withers & Rogers LLP is once again sponsoring the annual Nordic IPR Forum. The event will run from 25 to 27 March and will be held at The Brewery Conference Centre in Stockholm, Sweden. Now in its 11th year, the Nordic IPR Forum is the longest running intellectual property rights event in Scandinavia and aims […]

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