NIPC Law

Author  Thomas Woolner   Source Wikimedia   Jane Lambert Patents Court (Mr Justice Mellor) Advanced Bionics AG and another v MED-El Elektromedizinische Gerate GmbH [2021] EWHC 2415 (Pat) (31 Aug 2021) In International Patent Litigation - Abbott Laboratories Ltd v Dexcom Inc . 3 March 2022 I discussed the so-called German "injunction gap" and an application to expedite the trial of a revocation action in England in an attempt to beat it.   In  Abbott Laboratories Ltd v Dexcom Incorporated [2021] EWHC 2246 (Pat) (6 Aug 2021) the application for expedition was refused. In  Advanced Bionics AG and another v MED-El Elektromedizinische Gerate GmbH [2021] EWHC 2415 (Pat) (31 Aug 2021), a similar application to the same judge succeeded.   In my case note on Abbott I wrote: "In Germany, unlike the United Kingdom, it is not possible to challenge the validity of a patent in infringement proceedings. Alleged infringers who wish to challenge the valid...

  Jane Lambert Patents Court (Mr Justice Mellor) Abbott Laboratories Ltd v Dexcom In c. [2021] EWHC 2246 (Pat) (6 Aug 2021) This was an application for an order to expedite the trial of an action that Abbott Laboratories Ltd. ("Abbott") had begun 2 days earlier against Dexcom Inc ("Dexcom") for the revocation of 4 of Dexcom Inc's European patents. The reason for the action and application is that Dexcom had brought proceedings for the infringement of those patents in Germany.  The trials of those actions were likely to take place between early March and the end of April 2022. In Germany, unlike the United Kingdom, it is not possible to challenge the validity of a patent in infringement proceedings.  Alleged infringers who wish to challenge the validity of the patent they are alleged to have infringed must bring opposition proceedings in the European Patent Office under art 99 of the European Patent Convention or start separate revocation proceedings in Germany....