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  • We round up news from Bristows, Cleveland Scott York, Dentons, Bryan Cave and Simmons & Simmons
  • Purdah delays UK ratification plans; Germany makes progress with ratification; Belgium consents to UPCA Protocol; and draft UPC Rules of Procedure published
  • A well-functioning patent system should provide users and third parties with legal certainty. One pillar of legal certainty is of course a high quality patent which will stand up in court, but another is timeliness. The EPO explains its latest initiative
  • In Helsinn v Teva, the Federal Circuit has ruled the America Invents Act did not change the meaning of “on sale” and the bar applies if the existence of the sale is public, even if the details of the invention are not publicly disclosed
  • Natalie Rahhal analyses oral arguments at the Supreme Court in the Sandoz and Amgen patent dispute over the Biosimilar Price Competition and Innovation Act
  • 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.