News

Products of Essentially Biological Processes – patentable again at the EPO?

Dr Liam Lawlor and Dr Lisa Brown take a look at a recent decision of the EPO Technical Board of Appeal which found that the recently amended R.28(2) EPC is in conflict with the Enlarged Board’s interpretation of A.53(b) EPC in the G2/12 and G2/13 ‘Broccoli II’ and ‘Tomato II’ decisions. This is expected to have ramifications for the protection of plants at the EPO.

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EPO Boards of Appeal Conference 2018

The European Patent Office recently held its eighth “Boards of Appeal and Key Decisions” conference. This annual conference provides a unique insight into developments within the Boards of Appeal and its case law. Here we summarize recent developments.

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Skating towards Patent Infringement

Anna Bartholomew takes a look at Lord Kitchin’s decision on Icescape Ltd v Ice-World International BV & Ors [2018] EWCA Civ 2219 which applies for the first time the new approach to infringement of patents as set out in the decision of the Supreme Court in Actavis UK Ltd v Eli Lilly & Co [2017] UKSC 48.

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Striking Out Claims for an Arrow Declaration

In a recently reported case, Glaxo Group Ltd and Others v Vectura Ltd 2018 EWCA Civ 1496, the Court of Appeal reviewed the case law relating to the grant of a discretionary relief known as an “Arrow Declaration” and determined that interim proceedings had only to decide whether the pleaded facts and arguments gave rise to a “realistic claim” for such relief.

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