News & Analysis as of

Patent Litigation United Kingdom

A&O Shearman

UPC Court of Appeal clarifies approach to claim construction

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Insulet v EOFlow UPC_CoA_768/2024 (Ord_69078/2024) The Unified Patent Court (UPC) Court of Appeal has issued a significant decision that provides important guidance on the interpretation of patent claims in UPC...more

WilmerHale

FRAND Quarterly: Navigating the Global SEP Landscape - May 2025

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The beginning of 2025 saw two overarching trends in FRAND litigation...more

McDermott Will & Emery

Transatlantic Terminology: Skilled Artisan Could Equate UK, US Word Meanings

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The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board unpatentability determination, finding that a skilled artisan would have found the term “sterile” in a UK publication to mean the same as...more

Hogan Lovells

Court of Appeal hands down reasons for awarding AZ an interim injunction in the UK against Glenmark’s generic dapagliflozin for...

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Just under two weeks ago, we reported the Court of Appeal had awarded AstraZeneca (AZ) a preliminary injunction in the UK against Glenmark’s generic dapagliflozin (dapa) product for type II diabetes, until the hearing...more

Hogan Lovells

UK Court of Appeal grants AstraZeneca an interim injunction against Glenmark’s generic dapagliflozin for type II diabetes

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In a reversal of fortune, yesterday (9 April) the UK Court of Appeal awarded AstraZeneca (AZ) an interim injunction keeping Glenmark’s dapagliflozin (dapa) off the UK market until the form of order hearing in the parallel...more

A&O Shearman

AstraZeneca refused interim injunction on SPC for blockbuster diabetes treatment against Glenmark but swiftly obtains permission...

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On March 28, 2025, Michael Tappin KC, sitting as a deputy judge of the High Court, refused to grant AstraZeneca (“AZ”) an interim injunction to restrain Glenmark from launching in the U.K. a generic version of its type 2...more

A&O Shearman

Will Labour’s policy prescription create a stronger UK life sciences sector?

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The UK government plans to turbocharge the life sciences sector using policy levers to enhance research and development, innovation hubs, and private fundraising. In this piece, Michael Bloch explores how refinements to...more

Mintz - Intellectual Property Viewpoints

Ahoy! ITC Welcomes SEP Holders Navigating for The Best Venue

Given the recent unanimous decision by a UK appellate court that Ericsson’s injunction efforts based on standard-essential patents (“SEPs”) were, essentially by their very nature, “hold-up” and “coercion” that violated...more

Jones Day

UK Court of Appeal Provides Guidance on Interim Licenses in Latest FRAND Dispute

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The United Kingdom's Court of Appeal has issued an important decision on the principles governing the grant of interim licenses in standard essential patent ("SEP") disputes....more

Morgan Lewis

Unified Patent Court Claims Jurisdiction for Patent Infringement in the UK

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In its recently published decision, the Unified Patent Court (UPC) assumes long-arm jurisdiction for patent infringement in the United Kingdom if the defendant is domiciled in a UPC contracting member state. Plaintiffs can...more

A&O Shearman

UPC Court of Appeal confirms strict approach to correcting patent errors by interpretation

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Alexion Pharmaceuticals v Amgen (UPC_Coa-405/2024) and Alexion Pharmaceuticals v Samsung Bioepis NL BV (UPC_CoA-402/2024); December 20, 2024. The UPC Court of Appeal has confirmed a strict approach to correcting erroneous...more

WilmerHale

FRAND Quarterly: Navigating the Global SEP Landscape - December 2024

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This is the fourth issue of WilmerHale’s FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that highlights developments about the licensing, litigation, and regulation of patents that are or are claimed to be...more

McDermott Will & Emery

Legal Lens on the Unified Patent Court | October 2024

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The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property (IP) team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified...more

McDermott Will & Emery

Legal Lens on the Unified Patent Court | September 2024

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The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more

Fish & Richardson

Should the Experimental Use Exception Be Broadened?

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On June 28, 2024, the United States Patent and Trademark Office (“USPTO”) requested the public’s views on the current state of the common law experimental use exception to patent infringement and whether legislative action...more

WilmerHale

Patent Protection for AI Creations - Landmark decision by the German Federal Court of Justice

WilmerHale on

These days, patent courts across the world have to address the question of how to deal with AI-generated inventions. The German Federal Court of Justice ("FCJ") has recently issued a landmark decision (decision of June...more

A&O Shearman

English Court of Appeal makes Emotional Perception neural network hard to patent

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There is no special treatment for neural networks when it comes to UK patenting of computer related inventions. That is the essence of the English Court of Appeal’s conclusion, led by a Judge with a keen interest in computer...more

WilmerHale

FRAND Quarterly: Navigating the Global SEP Landscape - July 2024

WilmerHale on

This is the third issue of WilmerHale’s FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that highlights developments about the licensing, litigation, and regulation of patents that are or are claimed to be...more

McDermott Will & Emery

UK Court of Appeal Increases FRAND Rate, Applies It Outside Limitations Period

The UK Court of Appeal found that the UK High Court of Justice applied flawed reasoning in setting a global fair, reasonable and non-discriminatory (FRAND) royalty rate for a patent portfolio essential to 3G, 4G and 5G...more

McDermott Will & Emery

European UPC Issues Its First Decisions on the Merits

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Franz Kaldewei GmbH & Co. KG v. Bette GmbH & Co. KG The Unified Patent Court (UPC) issued its first decision on the merits, granting the first-ever permanent injunction covering seven UPC member states. Franz Kaldewei GmbH &...more

WilmerHale

FRAND Quarterly: Navigating the Global SEP Landscape - April 2024

WilmerHale on

This marks the second issue of WilmerHale’s FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that will highlight developments about the licensing, litigation, and regulation of patents that are or are claimed...more

Skadden, Arps, Slate, Meagher & Flom LLP

New Developments Help Clarify Intersection of Patent Law and Artificial Intelligence

Two recent developments, one in the U.S. and one in the U.K., have shed further light on the intersection of patent law and artificial intelligence (AI), particularly with respect to whether AI-generated inventions can be...more

Smart & Biggar

Ghost in the machine: AI and patent protection

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On December 20, 2023, the UK Supreme Court dismissed Dr. Stephen Thaler’s appeal from the Court of Appeal (England and Wales), finding that AI cannot be an inventor because an inventor must be a natural person1. This issue...more

McDermott Will & Emery

UPC Court of Appeal Issues First Decision, Overturns Preliminary Injunction

Back in September 2023, the Unified Patent Court’s (UPC) Local Division Munich issued a preliminary injunction against the defendant in 10x Genomics, Inc. v. NanoString Technologies, Inc. On February 26, 2024, in a landmark...more

McDermott Will & Emery

Legal Lens on the Unified Patent Court | February 2024

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more

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