Arnie Clarke

A Right Pain in the Peripheries? The Supreme Court Decision in Warner-Lambert v Generics & Actavis

Summary In a significant judgment, the UK Supreme Court has rejected Warner-Lambert’s appeal against the revocation of patent EP(UK) No. 0934061, for the use of pregabalin in the treatment of pain. A key part of the ruling was the upholding of the appeal decision that a higher threshold of plausibility...

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Where there’s a claim, there’s blame?

In European Patent Office opposition proceedings, someone has to lose, or at least won’t get everything they want.  For a patentee, the erosion or wholesale loss of their monopoly right is a significant commercial risk. For an opponent, anything less than complete revocation of a patent can mean a serious...

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New routes to freedom to operate in the UK

What can you do when you find your path to the UK market impeded by a UK patent? [a].  Historically, removing such a freedom to operate obstacle would have required costly litigation in the UK courts, a product work-around, or taking a license. A work-around is not always possible, or...

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Blurred Lines

A long-standing complaint of patent applicants and patentees at the EPO has been the strict assessment of added subject matter caused by amendment of an application or patent. Various tests have been developed for the assessment of whether an amendment complies with the requirement that: “The European patent application or...

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