Europe

An IP court has accepted the discovery of evidence demand made by an originator company against a generic pharmaceutical company after the court's expert panel confirmed that patent infringement had occurred, but has then rejected the originator's request for a preliminary injunction due to the so-called Bolar exemption.

The Enlarged Board of Appeal of the EPO (EBA) has recently issued opinion G 3/19, which concludes that plants and animals exclusively obtained by “essentially biological processes” are exempt from patentability. This finding only affects patents derived from patent applications filed after July 1 2017.

In the present case, the German Federal Court of Justice again had to deal with the question of how a representation of information within the meaning of Article 52(2)(d) EPC is to be distinguished from a technical feature.