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The International Patents Group at Taylor Wessing recently launched their online patent map, an interactive tool that allows users to compare different patent litigation regimes across Europe. The tool answers key questions on the law and practice of patent litigation to include procedure, claim construction, validity, interim measures, costs, and appeals, while allowing users

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The UPC Preparatory Committee has adopted and published the Rules and Procedure of the Unified Patent Court. The 18th draft of the agreed Rules is subject to change only with respect to the court fees that may be applicable.   The 1st draft, published in 2009, was progressed through stages of expert meetings and technical and public consultation and sets out the specific framework and functioning of the Unified Patent Court.
Continue Reading UPC publishes agreed Rules of Procedure- 18th Draft

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The Irish Patents Office has recently published its Annual Report for 2014 setting out trends, objectivities, activities throughout 2014 and what can be expected in 2015. The Annual Report sets out how the Irish Patent Office has discharged of its statutory functions under the Patents Act 1992 (as amended), the Trade Marks Acts 1996 (as amended), the Industrial Designs Act 2001 and the various statutory rules and regulations made under these Acts. A summary of the key findings are set out below.


Continue Reading Irish Patents Office Annual Report 2014

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In an earlier update we announced that Ireland is to establish a local division of the Unified Patent Court (UPC), subject to Ireland ratifying the International Agreement on a UPC by way of referendum. The International Agreement was signed by 25 EU Member States on 19 February 2013 and needs to be ratified by at least 13 states, including France, Germany and the United Kingdom to enter into force. There are currently only seven states that have ratified the Agreement with the Preparatory Committee of the UPC (which will remain in operation until the UPC is established) noting that many Member States hope to ratify in 2015.


Continue Reading Irish Ratification of UPC not expected until at least 2016

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In December 2014 the European Commission published its 5th Report on the monitoring of patent settlement agreements in the EEA in respect of the period January to December 2013. The focus of the report was to gather some insight into the types of agreements being entered into between originator and generic companies and to identify the types of agreements that were resulting in a delay to generic entry to the market. While these types of agreements can potentially give rise to competition law issues the Report does clarify that there is no presumption of any legislative breach and that each case would require analysis of the merits and specific circumstances.


Continue Reading Commission Report on the Monitoring of Patent Settlement Agreements

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The Minister for Jobs, Enterprise and Innovation has announced that Ireland will establish a local division of the Unified Patent Court. This of course is subject to Ireland ratifying the International Agreement (signed February 2013) on a Unified Patent Court by way of referendum. Under the terms of the International Agreement, Ireland has the choice of setting

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The UK Court of Appeal has upheld a decision of the UK Patent Court where Mr Justice Birss gave summary judgment in an action for a declaration of non-infringement (Nampak Plastics Europe Ltd v Alpha UK Ltd 2014 EWHC 2196 (Pat)). The case, involving rivals in the plastic milk bottle business, saw the claimant Nampak Plastics Europe Limited bringing an action against Alpla UK Limited alleging infringement of its patent for a plastic milk container (ECO1). Alpla, denying infringement, produced a modified bottle (ECO2) and brought a claim for a declaration of non-infringement under Section 71 of the 1977 Patents Act and subsequently sought summary judgment from the court, which was granted.


Continue Reading UK Court of Appeal not concerned with any spilt milk

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The English High court has exercised jurisdiction in relation to foreign designations of a European patent. Arnold J gave a lengthy judgment of 376 pages, for which he made no apology, in the action between Actavis and Eli Lilly (Actavis UK Ltd & Ors v Eli Lilly & Company [2014] EWHC 1511 (Pat)). While there were a significant number of issues between the parties, the validity of the patent was not contested.

Actavis, a generic pharmaceutical company, had sought declarations of non-infringement in relation to the UK, French, Italian and Spanish designations of Eli Lilly’s European patent for an anti-cancer drug. The Court, in applying English law, held that they were entitled to such declarations despite the challenge made by Eli Lilly that the English court did not have jurisdiction over the foreign designations.


Continue Reading UK ruling in multi-jurisdictional patent action