NIPC Law

Author User:Jynto   Licence CCO 1.0   Source Wikimedia Commons   Jane Lambert Patents Court (Mr Justice Mellor)  Neurim Pharmaceuticals (1991) Ltd and another v Teva UK Ltd [2022] EWHC 954 (Pat) (26 April 2022) This was an application by    Neurim Pharmaceuticals (1991) Ltd., the proprietor of  European patent (UK)  3,103,443 , and Flynn Pharma Limited, Neurim's exclusive licensee, for an interim injunction to restrain Teva UK Ltd. from disposing, offering for sale or disposal, selling or supplying any generic version of the claimants'  Circadin  product that falls within any of the claims of that patent or that has been manufactured by any process that falls within any of its claims until judgment or further order.  An interim injunction is a court order to do, stop doing or not to do something on pain of punishment for disobedience.  The approach by which a court decides whether or not to make such an order was set out ...

Wikip2011 / CC BY-SA (https://creativecommons.org/licenses/by-sa/3.0) Jane Lambert Patents Court (Mr Justice Birss) Teva UK Ltd v Chiesi Farmaceutici SpA [2020] EWHC 1311 (Pat) (2 June 2020) This was an application by the claimant, Teva UK Ltd ("Teva") to strike out or stay a counterclaim by the defendant, Chiesi Farmaceutici SpA ("Chiesi") for an injunction to restrain the infringement of certain patents that Teva had sought to revoke. Teva argued that the counterclaim had no real prospect of success because there was no evidence that Teva threatened or intended to infringe any of the patents in suit.  Alternatively, Teva argued that the counterclaim should be stayed on the ground that the disclosure of a product description for the purpose of the litigation would mount to a concerted practice within the meaning of art 101  of the Treaty on the Functioning of the European Union ("TFEU") and/or s,2  of the Competition Act 1998.  The ...

Truvada tablets Author Jeffrey Beall Licence CC BY-SA 3.0 Source Wikipedia Emtricitabine/tenofovir Jane Lambert Court of Appeal (Lord Justices Lewison, Floyd and Dingemans)  Teva UK Ltd and others v Gilead Sciences, Inc [2019] EWCA Civ 2272 (19 Dec2019) This was an appeal against Mr Justice Arnold's decision in  Teva UK Ltd and others v Gilead Sciences Inc [2018] EWHC 2416 (Pat) (18 Sept 2018) to revoke supplementary protection certificate ("SPC") numbered SPC/GB05/041 .  The reason for the revocation is that art 3 (1) of  Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products OJ L 152, 16.6.2009, p. 1–10  requires a product that is protected by an SPC to have been protected previously by a basic patent.  One of the products that had been included in the SPC was emtricitabine.  That had not been protected e...