Experimental use and patent infringement in Europe

Bird & Bird's Trevor Cook has produced another thoroughand insightful analysis, this time on the important area ofdefences to patent infringement for research activities in Europeand, in particular, the UK. The work, published both as a Report of the Intellectual PropertyInstitute and, in abbreviated form, in the Intellectual PropertyQuarterly, assesses historical and international perspectiveson defences for experimental or private uses and regulatoryreview. It analyses, in turn, the consequences for failing     

Improper claim dependency invalidates US Lipitor patent

The US Court of Appeals for the Federal Circuit has confirmedthat a patent claim may be invalidated for what was previouslyconsidered to be a minor technical defect: in essence, a dependentclaim is invalid if it is not a subset of the claim from whichit purports to depend. While Ranbaxy succeeded on this point,its generic Lipitor product was still held to have infringedPfizer's enantiomer patent, which expires on 24 March 2010,with pediatric exclusivity.     

Broad claim scope invalidates formulation patent despite 'powerful arguments' to the contrary

A lack of narrow dependent claims, which focus on the technicaladvance of the invention, meant that the main claim was heldinvalid as being obvious.     

The wonderful world of patent drafting

To anyone involved in patent litigation, it is clear that thetask of drafting is not for the faint-hearted. Those who draftpatents are acutely aware of the pitfalls which await theirclients following even a mere slip of the pen. This commentator,who is daily involved in the pre-filing review and prosecutionof patents and, alongside clients, assisting lawyers in manycountries with patent litigation,     

Australia's highest court raises the patent invalidity bar

In a long-awaited decision, the Australian High Court reviewedseveral key questions pertaining to patent validity and inventivestep in particular; in so doing, it has made it harder to invalidateAustralian patents.     

A scholarly and analytical perspective on the Management of Intellectual Property

‘A book may be good for nothing; or there may be onlyone thing in it worth knowing; are we to read it all through?’(Samuel Johnson) This section is dedicated to the review of ideas, articles,books, films and other media. It will include replies (and rejoinders)to articles, the evaluation of new ideas or proposals, and reviewsof books and articles both directly and indirectly related tointellectual property law. In this analytical approach to the Management