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G1/25: Patent holders must amend patent specifications – but not in every case
Must the description of a European patent align with amended patent claims? That was the main question confronting the Enlarged Board of Appeal under its president Carl Josefsson in opposition...
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EPO Board of Appeal revokes Atlas Global’s wifi patent despite opponents’...
Atlas Global Technologies, a US-based non-practising entity, owns the two patents EP 3 353 901 and EP 3 186 937. The patents relate to wireless communication technology in the wifi standard. The patent...
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Opdivo biosimilars one step closer to market entry as EPO revokes BMS patent
Bristol-Myers Squibb (BMS) is fighting hard to defend several patents covering its blockbuster drug Opdivo. The drug, which contains the monoclonal antibody nivolumab as its active ingredient, treats...
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EPO revokes Hanwha’s key solar cell patent after 11-year opposition battle
The EPO Board of Appeal 3.4.03 has revoked Hanwha Solutions’ EP 2 220 689 in its entirety on the grounds of lack of inventive step (case ID: T1358/23). The decision brings to an end opposition...
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Saint Gobain and Splanemann defend smart glass patent at EPO
The market for innovations in speciality glass for the automotive industry is fiercely competitive. There have been several recent patent disputes in this industry, such as Fuyao Glass vs Saint Gobain...
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Generics suspect GSK of playing “divisional game” after EPO revocation
At the centre of the current dispute is GlaxoSmithKline’s dosing patent EP 2 400 950. It protects the active ingredient vilanterol in a dosage of 25µg and 50µg daily for the treatment of respiratory...
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EirGen Pharma and Meissner Bolte defend basic patent for kidney drug
DSM Nutritional Products’ EPO opposition against EP 2 968 172 is not a classic dispute between an originator and generic drug manufacturers. The patent protects formulations of the active ingredient...
View ArticleBoards of Appeal: EPO must reopen PET bottle patent case
The Boards of Appeal rarely express such clear criticism of the Opposition Division’s work as in the case concerning EP 3 678 838. The patent, belonging to French company Sidel Group, protects a...
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Boards of Appeal revoke Biogen’s dosage patent for Tecfidera
Biogen’s multiple sclerosis drug Tecfidera now faces competition in the UK and EU countries including Germany, France, and Spain, following the expiration of marketing exclusivity. EP 873 is a...
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G2/24: EBA brings skin-cleanser dispute to an end
At the centre of the dispute over EP 2 941 163 are three skincare companies. On one side is Swedish patent holder Foreo AB, which primarily sells skincare and anti-ageing products. On the other are...
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G1/25: EBA to decide on hydroponic case between Knauf and Rockwool
Must the description of a European patent align with amended patent claims? The EPO’s Enlarged Board of Appeal must now address this question. At the end of July, Technical Board of Appeal 3.3.02 under...
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G1/23: If it is public, it is prior art
In its groundbreaking decision G1/23, the Enlarged Board stated that any technical information about a product that is publicly accessible is part of the state of the art, regardless of whether a...
View ArticleG1/24: Enlarged Board of Appeal harmonises EPO and UPC legislation
In its highly regarded decision G1/24, the Enlarged Board of Appeal favoured the practice of national courts and the UPC over previously established Board of Appeal case law. In doing so, it brought...
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EPO revokes another Novo Nordisk patent behind Ozempic and Wegovy drugs
After the EPO Boards of Appeal revoked two patents related to Novo Nordisk’s blockbuster semaglutide in autumn 2024, EP 2 866 825 has now also fallen to opposition from Teva, Generics UK and Galenicum...
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Epic battle over heart valves continues as EPO revokes two Edwards patents
In a combined hearing, Technical Board of Appeal 3.2.02 under chairman Alvazzi Delfrate recently revoked two divisional patents from the same family (case IDs: T 1268/23 and T 1176/22). EP 3 590 471...
View ArticleMeril successful at EPO against Edwards Lifesciences in heart-valve battle
The battle between Meril Life Sciences and Edwards Lifesciences concerns EP 3 494 928 B1, which protects a prosthetic heart valve. It is one of several patents owned by Edwards Lifesciences, over which...
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EPO not playing along with KPN’s UPC strategy
KPN’s UPC lawsuit against Oppo, which it only launched in September, has taken a surprising turn just three months later. The Boards of Appeal have declared the patent in suit EP 2 387 844 invalid due...
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Swerving the matter of granting genetic scissor patents at the EPO
It was supposed to be an interesting autumn at the European Patent Office for the granting of a basic patent on CRISPR/Cas9 technology. The biotech industry was expecting legal clarity following...
View Article“Figures show the EPO Boards of Appeal are highly productive, but it’s only...
The EPO Boards of Appeal’s balance sheet for 2023 does indeed sound excellent. “By the end of 2023 the number of pending cases was reduced to below 5,000 and the number of pending cases older than 30...
View ArticleEBA to consider claim construction questions in heat-not-burn dispute
Proceedings before the EPO Technical Boards of Appeal (BoA) between patent holder Philip Morris and opponent Yunnan Tobacco over a heat-not-burn patent have ended in a request for a referral (case ID:...
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