In this trial of preliminary issues, Zacaroli J held that when assessing the damages payable to multiple claimants under cross-undertakings given in respect of various interim injunctions and orders (and for unjustified threats of patent infringement), a single set of counterfactual assumptions should apply to all inquiry claimants, where those claimants operate in the same, largely finite, market. The decision is the latest in a long line of judgments concerning Pfizer’s pregabalin product, Lyrica®.
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added by Mr Ugo Igbokwe 6 min Read
Court of Appeal upholds validity of pharmaceutical patent claims with functional limitations: FibroGen Inc v Akebia Therapeutics Inc  EWCA Civ 1279
The UK Court of Appeal has reviewed the law on insufficiency and its application to claims with both structural and functional limitations. In doing so the court has explained how the concepts of plausibility and undue burden should be applied when assessing the sufficiency of claims of this type, in particular to the requirement that it must be possible to perform the invention across the breadth of the claim.added by Mr Ugo Igbokwe 6 min Read
Germany has finally ratified the Unified Patent Court Agreement, its Constitutional Court having rejected two applications for a preliminary injunction to prevent ratification. This removes a significant hurdle to the commencement of the Unified Patent Court (UPC) system but that is not to say that it will start any time soon.added by Mr Ugo Igbokwe 3 min Read
Last we heard about the Neurim v Mylan battle, Mylan had the upper-hand. But the recent grant of a divisional patent to Neurim has, perhaps, turned the tables on Mylan.added by Mr Ugo Igbokwe 2 min Read
The Court of Appeal finds that a broad specification is not necessarily grounds for invalidityadded by Mr Ugo Igbokwe 3 min Read