Managing IP Correspondent

Keep your patent litigation strategy flexible

How do US, UK and EPO tribunals compare when it comes to patent infringement disputes? Ilya Kazi contrasts tactics and procedures, drawing on lessons from recent cases

Managing IP Correspondent, September 28 2017

Japan: First ruling on damages due to drug price reduction

Chugai Pharmaceutical sought an injunction against DKSH's importation of maxacalcitol active pharmaceutical ingredient and against Iwaki Seiyaku etc's sales of the defendants' products. A judgment to the following effect became final and binding: the manufacturing method in question was considered to be equivalent to the patented invention and to fall within its technical scope (judgment of March 24 2017, the Supreme Court and judgment of March 25 2016, the Grand Panel of the IP High Court).

Managing IP Correspondent, September 28 2017

How French courts have approached the DoE

In Actavis v Eli Lilly, the UK Supreme Court adjudicated on the French law on patent infringement. But, asks Celine Bey, did it do so correctly?

Managing IP Correspondent, September 28 2017

Convergence between Germany and UK

The doctrine of equivalents is well established in Germany. It’s good news that the UK courts are moving in the same direction, argues Philipp Widera

Managing IP Correspondent, September 28 2017

Spain looks overseas for guidance on DoE

Spain’s courts imported the old English test into their patent law. Miquel Montañá asks: now that test has changed, will they have to change too?

Managing IP Correspondent, September 28 2017

Canada: Non-infringing alternative defence clarified

The Federal Court of Canada recently issued its public judgment and reasons concerning the financial compensation to be paid to AstraZeneca as a result of Apotex's infringement of the omeprazole formulation patent (AstraZeneca's Losec) in AstraZeneca Canada Inc v Apotex Inc, 2017 FC 726. During the liability phase of these proceedings, the Federal Court of Canada had found the omeprazole formulation patent valid and infringed by Apotex (AstraZeneca Canada Inc v Apotex Inc, 2015 FC 322).

Managing IP Correspondent, September 28 2017

Managing IP Correspondent

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