Court decisions, litigation and life sciences IP news from around the world


Devices and the doctrine

The role of the doctrine of equivalents in assessing the value of, and risks associated with, US medtech patents is often overlooked. Christopher Bright and Nathan Smith of Morgan Lewis report.


The plausibility battleground at the EPO

Plausibility in the context of the inventive step and sufficiency requirements can be a contentious issue before the European Patent Office. Markus Grammel of Grünecker reports.


Compulsory licensing is not the answer

As the race to find ways to combat the pandemic intensifies, competition laws and state aid laws should reflect the crisis, but compulsory licensing is unlikely to lead to victory, argues Robin Jacob.


A stricter interpretation

Is the grant of a reasonable scope for antibody-related inventions at the European Patent Office a phenomenon of the past? Joachim Wachenfeld and Florian Grasser of Vossius & Partner report.


The centre of the storm

Experienced life sciences lawyer Sterne Kessler Goldstein & Fox director Eldora Ellison has plenty to say on some of patenting’s biggest issues, Sarah Morgan finds.


Anti-virus software

As AI becomes a crucial weapon in the battle against the global pandemic, companies in the field need to ensure that their valuable IP is protected, as Mao Xiao Hong and Danny Yap of IPOS International explain.


Mind over matter

Mental health treatments in the precision medicine area are difficult to invent and, importantly, protect through IP, but progress is being made, as Chris Cadman and Tony Proctor of Potter Clarkson report.


Why Santen ends Neurim-style SPCs

A U-turn by the EU’s highest court removed protection for repurposed active substances, as Robert Stephen and Gareth Morgan of CMS Cameron McKenna Nabarro Olswang explain.


Caught in the sufficiency trap

A UK Supreme Court reversal of a Court of Appeal decision relating to sufficiency leaves patent applicants in a potentially difficult position, argues David Fyfield of Charles Russell Speechlys.


Beyond borders

Working out where to file patents internationally is daunting, but pitfalls can be avoided by following simple rules, explains Ethan LaFrance of Sun IP.


Plants, patents and the unexpected

Catherine Lemay, assistant general counsel–IP at cannabis company Hexo, spoke to LSIPR about her career, a typical day and what it’s like working in the ‘dynamic’ cannabis industry.


A secret alternative

US life sciences IP owners should consider trade secret law when building their IP protection strategy, argues John A Stone of DeCotiis, FitzPatrick, Cole & Giblin.

Autumn 2020

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