The US Court of Appeals for the Federal Circuit has now confirmed that a patent claim can be invalidated on what was previously considered to be a minor technical defect. (Basically,...
Building a successful brand requires an exceptional track record in at least the following areas (B.R.A.N.D.I.N.G.): Be in touch (senior executives to articulate the brand); Recognition (by the right people), Adaptability,...
Like diamonds, trade marks last forever (provided that you manage them correctly). Thus, trade marks are a vital aspect of building and extending an IP monopoly in many fields, not least...
To be patentable in Australia: A business method must produce a ‘useful product’ – a physical phenomenon or effect resulting from the working of the method. It must be more than...
Can you sue a group of related companies for patent infringement across Europe in one consolidated proceedings in a single jurisdiction? No. A patentee must sue each infringer in their country...
For the foreseeable future at least some confusion will remain about the scope of product by process claims in the US. On 22 June 2006 the US Court of Appeals for...
Despite litigation in at least ten jurisdictions across the world, Ranbaxy has so far been unable to obtain launch before patent expiry (~2011). (Further analysis below.) On 28 June 2006, the...
Relative cost and time to first instance judgment are important components of global litigation strategy. A fast decision in a key jurisdiction will create an early strategic advantage. However, expensive litigation...
In preparation for expiry of the key blocking patent covering Zocor (Simvastatin), Merck has made two strategic but controversial moves in the USA to neutralize any advantage that generic first filers...
On 15 June 2006, the Full Federal Court of Australia handed down its judgment in Merck & Co Inc v Arrow Pharmaceuticals Limited [2006] FCAFC 91. Under Australian law, a patent...
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