Innovate: October 2012
18 October 2012
Welcome to the Autumn 2012 edition of Innovate. We hope
that you will find it an interesting and enjoyable read. If you
have any questions or comments on the topics discussed, or patent
matters in general, please get in touch.
In this edition of Innovate topics discussed are as
Patent extensions: ambiguity on the application of the SPC
Despite numerous referrals to the Court of Justice of the European
Union in the last few years, there is still ongoing uncertainty as
to the interpretation of the SPC Regulation. This article
looks at SPCs for second medical uses and whether a product must be
"protected by a basic patent in force".
Entitlement to Damages – in the balance
Defendants establish a defence to a damages claim that otherwise
would have followed from the finding that the patent was valid and
The role of post-dated evidence in UK patent
Mr Justice Arnold provides clarification and guidance on
whether the inventiveness or sufficiency of a patent can be
affected by evidence which is not available at the date of the
patent but only comes into existence at a later date.
Virgin Atlantic Airways v Contour Aerospace and others: Which
country did you say?
The High Court decides that it is not entitled to review
administrative decisions of the EPO declining to give declaratory
Amending a granted patent to avoid invalidity - the silver
The Patents County Court reviews whether amendments made to
a granted patent make the patent invalid for added matter.
CJEU rules on cross-border interim relief in patent
The Court of Justice of the European Union has found that
the rules regarding exclusive jurisdiction under the EU
Jurisdiction Regulation do not prohibit courts of a member state
granting cross-border interim injunctions in patent
Patents County Court suitable for Goliath vs Goliath
The Patents County Court uses case management and
common-sense to decide a patent case between two well-funded
multinationals in an expeditious and cost-effective
Latest on Unitary Patents Court.
Patents County Court Diary
What to look out for in the next few months.
We hope you enjoy this newsletter. We also welcome any feedback
on the content or form of Innovate so feel free to email