Sky Plc v Skykick Uk Ltd (No. 3)

H1 Trade Marks—European trade marks—SKY—Validity—Broad specifications of goods and services—Bad faith—Requirement of clarity and precision—Lack of intention to use—Reference to Court of Justice—Application of the judgment of the Court of Justice—“Computer software”—“Telecommunication services”—Limiting the specification of goods—Interpretation of broad terms in specifications—Infringement

LENOVO (SINGAPORE) PTE LTD v COMPTROLLER GENERAL OF PATENTS

H1 Patents—Patentability—Excluded subject matter—Computer programs—Business methods—Contactless payments—“Card clash”—Appeal to Patents Court

Eli Lilly and CO v Genentech, Inc

H1 European patents – Revocation proceedings – Divisional Patents – Pharmaceuticals –Preliminary issue – Summary judgment - Issue estoppel – Abuse of process – UK designation of closely related patent held invalid at first instance – Permission granted to appeal to the Court of Appeal - Related patent now also held invalid in central proceedings before the EPO – Special circumstances – Injustice – Application to amend claims – Plausibility – Changes in common general knowledge – Case management

AKEBIA THERAPEUTICS INC v FIBROGEN, INC

H1 Patents – European patents – Pharmaceuticals – Treatment of anaemia – Revocation – Infringement – Construction – Obviousness – Obvious to try – Reasonable expectation of success – Hindsight – Expert evidence – Sequential unmasking – Insufficiency – Excessive claim breadth – Uncertainty – Identification of technical contribution – Principles of general application – Plausibility – Undue burden – AgrEvo obviousness – Equivalence – File prosecution history – Process limited product claims – Indirect infringement – Means relating to an essential element of the invention – Whether suitable for putting and intended to put invention into effect – “Off-label” use – State of mind of defendants – Intentions of prescribing clinicians – Quia timet claims – Whether stay of infringement claim appropriate

EVALVE INC v EDWARDS LIFESCIENCES LTD (No.2)

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

GENENTECH INC v COMPTROLLER GENERAL OF PATENTS

H1 Supplementary protection certificates – Pharmaceuticals – Duration of protection – Failure to elect and pay for full term of protection – Whether election of shorter term of protection valid – Whether shorter term could be extended – Correction of irregularities – Notification of prescribed fees – Paediatric extensions – Whether available where shortened SPC term applied for – Appeal to Court of Appeal

MEXICHEM UK LTD v HONEYWELL INTERNATIONAL INC

H1 Patents – European patents – Revocation – Declaratory relief – Arrow declarations – Refrigerants for mobile air conditioning systems – Strike out application – Appeal to Court of Appeal

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

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

ILLUMINA, INC v TDL GENETICS LTD

H1 Patents – European patents – Infringement – Validity – Diagnostic tests for foetal abnormalities – Construction – Translation evidence – Obviousness – Hindsight – Insufficiency – Technical contribution – Patentability – Discoveries