Search results for

A recent Intellectual Ventures lawsuit filed with a companion ITC complaint may be a sign of what is to come in patent assertion entity litigation, with one observer describing it as “a formidable new change”. The ITC has now instituted the investigation against car manufacturers and parts makers

Debiopharm International SA, the appellant, owns a patent for an invention titled "pharmaceutically stable oxaliplatinum preparation". Debiopharm was granted registrations of patent term extension (PTE) for the patent based on approvals provided in the Pharmaceutical Affairs Law for "ELPLAT I.V. Infusion Solution" which is oxaliplatin (equal to oxaliplatinum) preparations. Towa Pharmaceutical Co, Ltd, the appellee, manufactured and sold generic drugs of ELPLAT. Debiopharm sought an injunction on manufacturing, etc of Towa's products alleging that the effect of the extended patent right covers the manufacturing and selling of those products.

After its product patent had expired, the brand name pharmaceutical company sued generic drug manufacturers based on a manufacturing process patent. On March 24 2017, the Supreme Court affirmed infringement under the doctrine of equivalents (DOE) for the medicinal compound's manufacturing process patent.

On March 6 2017, in the case of Forietrans Manufacturing Corp et al (FMC) v Davidoff and Japan Tobacco et al, (GR No 197482) the Supreme Court (SC) affirmed the decision of the Court of Appeals (CA) which reversed the resolutions of the Secretary of Justice (Secretary) finding no probable cause to charge FMC for the crimes of infringement and false designation of origin with reference to the trade marks Davidoff and Mild Seven.

The Intellectual Property Office of Singapore (IPOS) has signed a memorandum of understanding (MoU) with China's State Intellectual Property Office (SIPO) and the Guangdong provincial government, which will further strengthen collaboration between Singapore and China and boost innovation and IP protection in both jurisdictions.

Law 24/2015 came into force on April 1. It completely modifies the previous Spanish Law 11/1986.

From now on, a defendant in preliminary Dutch IP enforcement cases can also obtain a cost order against the claimant if the case is withdrawn by the claimant before the oral hearing, for example after a defendant's written rebuttal. For (full) proceedings on the merits, this has always been clearly the case, but the procedural framework is not exactly the same for the famously quick preliminary proceedings (kort geding).

South Africa's Supreme Court of Appeal recently handed down two important judgments. One dealt with genuine use, the other with reputation.

In a recent decision, the Austrian Supreme Court had to answer the question whether a defendant can be forced to recall goods from the channels of commerce by means of a preliminary order.

Following the invalidation of its patents for Strattera (atomoxetine) and Zyprexa (olanzapine), Eli Lilly and Company submitted claims to international arbitration under the North American Free Trade Agreement (NAFTA). On March 1, 2017, the Tribunal issued its final award dismissing Eli Lilly's claims.