EU IP-PorTal’s Post

Another UPC first: After 10x Genomics lost in the appeal proceedings on provisional measures in the frequently cited hallmark decision “NanoString/10x Genomics” of the UPC Court of Appeal, they lodged an application for rehearing according to Art. 81(1) UPCA in combination with Rules 245, 247(c) and (e) RoP. The request was dismissed as inadmissible. The second panel of the Court of Appeal clarified in the headnotes of the order that the assessment of the arguments and evidence presented by the parties is carried out by the court dealing with the case and is not subject to review in the context of an application for a rehearing. Additionally, it follows from Art. 32(1)(c) UPCA that applications for provisional measures under Art. 62 UPCA are standalone actions and these proceedings end with the decision in the appeal proceedings, therefore providing a legal basis for the basic decision on costs outlined in Rule 242.1 RoP. To the best of our knowledge, this is the first order by the UPC on an application for a rehearing.  The judgment (in German) can be downloaded here: https://lnkd.in/dCzGs65M. Congrats to our client and our “NanoString” litigation team, including Oliver Jan Jüngst, Moritz Schroeder and Dr. Alexander Bothe. #nanostring #patentlitigation #UPC #UnifiedPatentCourt

#lawsuitoftheweek: Ozempic Lawsuit ⚖️ Judicial Transition: The Ozempic litigation faces delays following the sudden passing of Judge Gene E.K. Pratter. The MDL Panel is in the process of appointing a new judge who will need time to familiarize themselves with the case details. 📝 Plaintiff Progress: The Ozempic plaintiffs' committee recently submitted a status report detailing progress on key "action items." Both parties are nearing an agreement on a 13-page Plaintiff Fact Sheet (PFS) and authorization form. Additionally, Rubris, a third-party vendor, will manage the electronic submission of these documents. 🔬 Upcoming Science Day: A "Science Day" has been scheduled for June 14, 2024, to provide an overview of the medical and scientific issues central to the case. This event, while intended to be informative, will inevitably see both sides presenting evidence to support their respective arguments on the scientific aspects of the litigation. Stay tuned as we continue to monitor developments in the Ozempic litigation. #legalnews #mdl #legalupdates #masstorts #tortexperts

Jackie's latest in Drug Science on controlled substance research compliance is a reflection of her superlative command of scientific and legal intricacies. As she skillfully charts the course through this evolving landscape, one can't help but reflect on the broader tapestry of psychedelic history. Her work, precise and forward-looking while grounded in the present challenges researchers face, stands on the shoulders of a complex past—a reminder of how far we've come and the journey still ahead. In illuminating the path of compliance, Jackie deftfully navigates through and around the shadows of policies past and present. Here's to research that not only advances science but also provokes thought on the full spectrum of its implications. Onward to a future where every facet of this non/psychedelic sector, from molecule to societal and scientific impact, is explored with equal rigor and excellence.

Madras High Court interprets Section 3(c) of the Patents Act, 1970 in Genmab A/S case   • The Madras High Court interpreted Section 3(c) of the Patents Act, 1970 in the Genmab A/S case.   • The court held that non-living substances occurring in nature or isolated from nature are not eligible for patents.   • However, a synthetic version of a substance that rarely occurs in nature and is required to be produced in large quantities for the treatment of serious illnesses is not excluded from patent eligibility if other criteria such as novelty or technical advancement are satisfied.   • The court distinguished its interpretation from that of the Delhi High Court in Diamond Star Global Sdn. Bhd. v. Joint Controller of Patents and Design.   • The court also discussed Standard 25 established by WIPO for filing sequences and held that the Controller's conclusion that the claims pertain to the discovery of an antibody or non-living substance occurring in nature cannot be supported solely because the organism in the sequence listing is Homo sapiens. #MadrasHighCourt #PatentsAct1970 #GenmabASCase #Section3cInterpretation #PatentEligibility #NatureSubstances #SyntheticVersions #PatentLaw #WIPOStandards #PatentCriteria #TechnicalAdvancement #DelhiHighCourt #DiamondStarGlobal #WIPOGuidelines #AntibodyPatents #LegalInterpretation #PatentDispute #IntellectualProperty #CourtRuling #LegalPrecedent #PatentLawUpdate #Unimarks #UnimarksIPR

In this edition of our Pharma & Life Sciences Law Brief we take a look at a round up our PING 2024 event, useful lessons learned from the 23andMe data breach, and why you should (sometimes) bother reading the legal small print 🍷 https://lnkd.in/eqaiY4Tq #PharmaLaw #PING2024 #LawBrief

The intersect of patent law and policy space to advance public health was the key topic of discussion in a recent World Intellectual Property Organization – WIPO intergovernmental committee. We provide a summary here: https://lnkd.in/g5FUWBfw

In the United States, scientific researchers must confront numerous regulatory hurdles when studying controlled substances. A new publication 📚 in Drug Science, Policy and Law examines the complex relationship between federal law and scientific inquiry, focusing on two key legislative frameworks—the Controlled Substances Act and the Federal Analogue Act. 📜 In their review, the authors offer guidance on how researchers can effectively navigate these legal landscapes to uphold the integrity and legitimacy of their work. https://lnkd.in/eDr8patT

Biosimilars in the US: A confusing mess? There are 2 types: "regular" biosimilars and "interchangeable" ones. Experts are trying to simplify this system, but it's a tricky mix of science and law. ⚖️ Read on to learn more about biosimilars and why the US system might need a revamp! https://lnkd.in/ePwqTWAX

In this article authored for Life Sciences IP Review, Barnes & Thornburg partner John Cox examines the challenges and opportunities facing innovators in the life sciences sector under evolving intellectual property laws and regulatory frameworks. https://bit.ly/4hiJMxe

Part two of our article series "Patentability of Diagnostic Methods in the United States and Abroad," published by the Intellectual Property and Technology Law Journal, provides parameters for subject matter eligibility of diagnostic methods in jurisdictions outside the United States, which may guide applicants and practitioners. Read the article to learn more. https://gag.gl/OMkCG5 Authors: Haley Ball, PhD, Shoshana Marvin, and Gaby L. Longsworth #DiagnosticMethods #Patentability #IntellectualProperty