Patent Baristas

The Spanish Central Administrative Court of Appeal has confirmed that the holders of innovator medicaments are not entitled to challenge the marketing approvals of generic medicaments issued by the Spanish Agency of Medicaments and Sanitary Products (AEMPS).
The Central Administrative Court of Appeal upheld the Administrative Court’s decision dismissing that Laboratorios Servier SL lacked legal standing [...]

In Canada, linkage regulations similar to the Hatch-Waxman Act in the U.S. ensure that generics manufacturers have to address relevant patents listed on the Patent Register (the analog to the Orange Book) if they want to market their product prior to the expiry of listed patents.   Generics manufacturers can do so either by accepting the terms [...]

Pfizer is continuing its fight with generic drug manufacturer United Laboratories, Inc. (Unilab)in the Philippines over the issue of the validity of the patent on Lipitor (atorvastatin) as Unilab tries to have the patent canceled. Unilab filed its petition for the cancellation of Philippine Patent No. 29149 for Atorvastatin, marketed under the brand name Lipitor, [...]

In a case highlighting the importance of ensuring a correct chain of title when filing a patent application, the UK High Court addressed the issues of loss of priority due to an incomplete assignment, as well as the credibility of expert witnesses.  In particular, it is important to transfer rights to interests initially owned by [...]

In recent years, India has witnessed rapid changes in its patenting landscape as a result of the growing economic activity and reforms (related to patents).  In May 2008, Evalueserve, a global research and analytics firm, investigated the patenting landscape in India , focusing on the patent applications published over 2005–07.
Some of the key findings of [...]

An Australian Federal Court decision provides a reminder to diligently review issued patent claims in view of newly-emerged prior art before filing suit.  Apotex Pty Ltd v Les Laboratoires Servier (No 2) [2009] FCA 1019.
In the suit, there was a corresponding British patent which had been held invalid in view of certain prior art. [...]

The Australian Full Federal Court has upheld an earlier decision that the duty to perform research in an employment contract did not give rise to an implied duty to invent, even though the nature of the research was such that inventions could quite likely result.  See University of Western Australia v Gray 9[2009] FCAFC 116 [...]

Korea is a first-to-file or absolute novelty country, which does not allow an invention to be made available to the public (anywhere in the world) before filing an application for the invention.  Specifically, Article 29(1) of the Korean Patent Act provides that the novelty of an invention is destroyed where:

the invention was publicly known or [...]