Disputes and regulatory enforcement

In recent years, we have witnessed a constantly growing interest from all stakeholders (the general public, patients associations, physicians, pharmaceutical industry and...

CASE HUB See further, timeline, commentary and related cases. Case facts OutlineCMA Article 102 TFEU/Chapter II investigation into Actavis UK in relation to an alleged...

CASE HUB See further, timeline ,commentary and related cases. Case facts OutlineCMA Article 101 TFEU/Chapter I investigation into AMCo (now Advanz Pharma Services (UK)...

Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In...

CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 23 January 2018; it is no longer maintained. See further: timeline,...

ARCHIVED—this achieved case hub reflects the position at the date of the decision of 12 December 2018; it is no longer maintained. NOTE—appeals lodged...

CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the judgment of 8 September 2016; it is no longer maintained. See further: timeline,...

BREXIT: The law and practice referred to in this Practice Note may be impacted by Brexit. For further information on the potential impact, see: The effect of Brexit on UK...

This Practice Note compares and contrasts, at a high level and in table form, the key differences between arbitration and other forms of alternative dispute resolution...

A common IP dispute is where one party—in this note usually the claimant—alleges infringement of its patent and the defendant challenges the patent’s validity. Such...

Introduction to the medicines advertising enforcement landscape Directive 2001/83/EC on the Community code relating to medicinal products for human use...

The European Commission investigates evidences or allegations of anti-competitive behaviour by companies that has an impact in more than one EU country—for example,...

CASE HUB See further, timeline, commentary andrelated cases Case facts OutlineCMA Article 101 TFEU/Chapter I and Article 102 TFEU/Chapter II investigation into Aspen’s...

CASE HUB (Appeals lodged at the Competition Appeal Tribunal–see GlaxoSmithKline and other v CMA (paroxetine)) ARCHIVED–this archived case hub reflects the position at the...

NOTE—national reference lodged before the Court of Justice in Case C- 307/18 See further, timeline and related cases. Case facts OutlineGenerics UK Limited v CMA...

CASE HUB See further, timeline, commentary and related cases. Case facts OutlineCMA Article 101 TFEU/Chapter I investigation into Actavis UK and Concordia in relation to...

Introduction to infringement A patent owner has to prove two elements against someone before it can secure an infringement finding (and then an injunction, damages, etc)...

Patents may be revoked, that is, taken off the register of patents, if it is decided that they are invalid in some respect. The effect of revocation is that the patent is...

CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 10 December 2013; it is no longer maintained. See further, timeline,...

This key issues Practice Note aims to provide a checklist of practical matters to consider before starting patent infringement litigation in the English courts. What is...

CASE HUB See further, timeline, commentary and related cases. Case facts OutlineCMA Article 102 TFEU/Chapter II investigation into Advanz Pharma (formerly Concordia) in...

CASE HUB (Appeals lodged at the General Court in Cases T- 460/13 (Sun Pharma), T- 467/13 (Arrow), T- 469/13 (Generics UK), T- 470/13 (Merck), T- 471/13 (Xellia) and T-...

CASE HUB See further, timeline ,commentary and related cases. Case facts OutlineCMA Article 101 TFEU/Chapter I investigation into Alissa Healthcare Research, Auden...

Introduction A patent or published patent application is infringed if certain acts are performed in the UK without the consent of the patent proprietor or patent...

There are various acts which would otherwise constitute infringement of a patent under the Patents Act 1977 (PA 1977) that are permitted under other parts of PA 1977,...

Introduction to patent infringement proceedings A patent owner (or its exclusive licensee) may bring civil proceedings for patent infringement. Alternatively, the...

Obviousness General principles on obviousness In order to obtain and keep a patent, it is not enough that the invention is new because no-one else had done it before. It...

A ‘patent’ is a document conferring so-called monopoly rights to an inventor following a formal application and registration procedure. A patent protects new inventions...

CASE HUB (NOTE—appeals lodged by Pfizer and Flynn Pharma at the Competition Appeal Tribunal, see Pfizer v CMA; Flynn Pharma v CMA (phenytoin sodium capsules))...

CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the judgment of 7 June 2018; it is no longer maintained. NOTE—on 20 December 2018, the Court...