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First UPC Decision Dealing with Infringement of Second Medial Use Claims

In a recent decision of Düsseldorf Local Division (UPC) in the case UPC_CFI_505/2024, both the revocation and infringement actions have been dismissed. This case raises important methodologies and perspectives regarding how to handle infringement of second medical use claims where allegedly infringing product is launched with a therapeutical indication (Section 4.1 of SmPC) not falling...

Skinny Labeling may Still Cause an Infringement – Decision of the US Court of Appeals

Federal Circuit Revives Amarin’s Induced Infringement Case Against Hikma Over Vascepa® Generic* In a significant decision for pharmaceutical patent litigation, the U.S. Court of Appeals for the Federal Circuit has reinstated Amarin Pharma’s lawsuit against Hikma Pharmaceuticals. The court found that Amarin had plausibly alleged Hikma’s conduct induced infringement of patents tied to the cardiovascular...

New Fee Regime of the EPO

  EPO has changed its fee strategy and started to apply fee reductions as of 01.04.2024.   By decision of the Administrative Council of the European Patent Organisation dated 14 December 2023 (CA/ D 16/23), the EPO introduced a new fee scheme and new rules pertaining to fee reductions for certain applicants. New changes can be...

EPO Abolishes Fax Filing

The EPO has announced in OJ EPO 2024, A41 that filing patent applications and other documents by facsimile shall be abolished as of 1 July, 2024. Any transmission of a patent application or other document by fax to the European Patent Office as of the above date shall be deemed not to have been received....

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