EVALVE INC v EDWARDS LIFESCIENCES LTD Patents Court Birss J.: 9–13, 17 and 18 December 2019 and 12 March 2020 [2020] EWHC 514 (Pat); [2020] R.P.C. 12

2020 ◽  
Vol 137 (6) ◽  
pp. 439-511

  H1 Patents – European patents – Infringement – Validity – Medical devices – Mitral valve repairs – Long felt want – Technical merit arguments – Pleadings – Construction – Novelty – Inventive step – Hindsight – Approach to prior art documents – Added matter – Intermediate generalisation – Infringement on “normal construction” – Doctrine of equivalents – Amendment

2020 ◽  
Vol 137 (7) ◽  
pp. 513-570

Abstract H1 Patents – European patents – Medical devices – Mitral valve repairs – Relief – Injunctions – Public interest – Damages in lieu


2019 ◽  
Vol 15 (1) ◽  
pp. 2-3
Author(s):  
Gemma Wooden ◽  
Matthew Blaseby ◽  
Derk Visser

Abstract Guidelines for Examination in the European Patent Office, November 2019 edition The European Patent Office’s Guidelines have been updated to clarify that the approach for assessing inventive step involves determining whether a skilled person would have modified the closest prior art in an expectation of some advantage or improvement. A hope of solving the objective technical problem is insufficient for a modification of the closest prior art to be considered obvious.


Author(s):  
Philip W. Grubb ◽  
Peter R. Thomsen ◽  
Tom Hoxie ◽  
Gordon Wright

This chapter considers some problems that may arise when objections of lack of unity, lack of novelty, or lack of inventive step are raised against a patent application. Objections of lack of unity are more of a nuisance than a real threat. One can avoid the problem by filing one or more divisional applications on time. Apart from questions of whether or not a citation really is prior art and whether or not it has been interpreted correctly, objections of lack of novelty are a relatively straightforward matter: either the claim is anticipated or it is not, and if it is, it must be limited accordingly. Obviousness or lack of inventive step, however, is a subjective matter and for this reason by far the greatest part of the work involved in patent prosecution is in arguing that the invention is not obvious over the citations that have been made.


Author(s):  
Philip W. Grubb ◽  
Peter R. Thomsen ◽  
Tom Hoxie ◽  
Gordon Wright

This chapter considers the law governing the patentability of chemical inventions, including novel compounds, polymeric compounds, new salt forms, new physical forms, new synthetic processes, analogy processes, new compositions and mixtures, and new uses and new application processes. A novel compound, for instance, cannot be patented unless it is industrially applicable. Despite being new and useful, a compound may not be patentable if it is so close to the prior art that there is no inventive step involved in making it. For polymers, it is still possible to obtain new and patentable polymers using various kinds of modification, provided that these give useful and non-obvious results. If a group of compounds is new and inventive, then not only are claims to the compounds per se patentable, but also claims to the process for the preparation of the compounds, even if it is known as a method for making similar compounds.


Author(s):  
Delma P. Thomas ◽  
Dianne E. Godar

Ultraviolet radiation (UVR) from all three waveband regions of the UV spectrum, UVA (320-400 nm), UVB (290-320 nm), and UVC (200-290 nm), can be emitted by some medical devices and consumer products. Sunlamps can expose the blood to a considerable amount of UVR, particularly UVA and/or UVB. The percent transmission of each waveband through the epidermis to the dermis, which contains blood, increases in the order of increasing wavelength: UVC (10%) < UVB (20%) < UVA (30%). To investigate the effects of UVR on white blood cells, we chose transmission electron microscopy to examine the ultrastructure changes in L5178Y-R murine lymphoma cells.


Author(s):  
B.D. Tall ◽  
K.S. George ◽  
R. T. Gray ◽  
H.N. Williams

Studies of bacterial behavior in many environments have shown that most organisms attach to surfaces, forming communities of microcolonies called biofilms. In contaminated medical devices, biofilms may serve both as reservoirs and as inocula for the initiation of infections. Recently, there has been much concern about the potential of dental units to transmit infections. Because the mechanisms of biofilm formation are ill-defined, we investigated the behavior and formation of a biofilm associated with tubing leading to the water syringe of a dental unit over a period of 1 month.


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