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Showing posts with the label Arnold J

Patents - The First Case to Apply Eli Lilly v Actavis: Mylan v Yeda

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Jane Lambert Patents Court (Mr Justice Arnold):  Generics (UK) Ltd (t/a Mylan) and another v Yeda Research And Development Company Ltd [2017] EWHC 2629 (Pat) (26 Oct 2017) On Wednesday, 28 Feb 2018 I gave a talk to the C5 Pharma and Patent Litigation Conference   at the Radisson Blu Hotel in Amsterdam. Mine was one of three talks on the topic Infringement under the Doctrine of Equivalents.  I discussed the law of England in the light of the Supreme Court's decision in Eli Lilly v Actavis UK Ltd and others  [2017] UKSC 48, [2017] Bus LR 1731 while  Paul Reeskamp  and Philipp Cepl , who practise in the Netherlands and Germany, considered the topic in the light of the developing case law in their jurisdictions. I had previously written about the Supreme Court's judgment in  The Supreme Court's Judgment in Eli Lilly v Actavis UK Ltd and Others: how to understand it and why it is important   13 July 2017. Possibly because Lord Ne...

The Pregabalin Trial: Generics (UK) Ltd v Warner-Lambert Company LLC

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According to drugs.com , pregabalin is an anti-epileptic drug which works by slowing down impulses in the brain that cause seizures. A European patent for the drug was granted to Warner-Lambert Co, LLC  ( "Warner-Lambert" )(now a subsidiary of Pfizer Inc . ) under EP number 0 641 330. That patent expired on 17 May 2013 but was extended by a supplementary protection certificate ( "SPC" ) until 17 May 2018. That SPC was allowed to lapse on 14 Oct 2013 and Warner-Lambert's data exclusivity in respect of the data used to obtain the marketing authorisation for prehabalin expired on 8 July 2014. Since then anybody has been free to make, import or sell pregabalin for treating epilepsy and generalized anxiety disorder in the United Kingdom and several companies including some of the parties to these proceedings have done just that. Drugs.com notes that pregabalin also affects chemicals in the brain that send pain signals across the nervous system. ...

Injunctions against ISPs Part VI: The Football Association Premier League Ltd v British Sky Broadcasting Ltd and Others

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Early international between England and Scotland   Source Wikipedia In  The Football Association Premier League Ltd v British Sky Broadcasting Ltd and Others [2013] EWHC 2058 (Ch) (16 July 2013) Mr. Justice Arnold granted an injunction under s.97A of the Copyright, Designs and Patents Act 1988 against the top 6 internet service providers in the UK to block access to the First Row Sports website. As the judge had already made similar orders against the same defendants in Newzbin2 (see "Injunctions against ISPs" 6 Nov 26), Dramatico ( "Injunctions against ISPs Part III: Dramatico Entertainment Ltd and Others v British Sky Broadcasting Ltd. and Others" ) and EMI ( "Injunctions against ISPs Part V: EMI Records Ltd and Others v British Sky Broadcasting Ltd and Others"  5 March 2013) they did not defend the application but instead agreed the terms of the order with the Premier League. However, as the judge acknowledged at paragraph [7] ...