Utility Patent Cases
Coverage since November 3, 1994

Utility Patent

Uncategorized

UPC Court of Appeal — Amgen v. Sanofi & Regeneron (UPC_CoA_528/2024) — Sets Out the UPC’s Inventive-Step Framework: Realistic Starting Point, Objective Problem, “Would Not Could”

In a same-day companion ruling to Meril v. Edwards, the UPC Court of Appeal articulated a comprehensive inventive-step framework: identify the objective problem from the perspective of the skilled person, choose a realistic starting point in the prior art, and assess whether the skilled person &#821

Uncategorized

Meril v. Edwards Lifesciences (UPC_CoA_464/2024 et al., EP 3 646 825) — UPC Court of Appeal Same-Day Companion to Amgen v. Sanofi: “Same Parties” Test, Embodiment Coverage, and Non-Obvious-Alternative Inventive Step

Same-day companion to Amgen v. Sanofi/Regeneron, the UPC Court of Appeal in Meril v. Edwards held that the ‘same parties’ test under Art. 33(4) UPCA looks to identity of interests; that disclosed embodiments are generally covered by the patent claims unless the specification clearly teac

Uncategorized

UPC Court of Appeal — Boehringer Ingelheim v. Zentiva (UPC_CoA_446/2025) — Marketing Authorisation Alone Does Not Imminent-Infringe, But Completion of National Pricing & Reimbursement Procedures Can

The UPC Court of Appeal set out a workable test for when a generic pharmaceutical’s pre-launch activity creates an imminent threat of infringement supporting provisional measures: a bare marketing authorisation does not, but completion of national health-technology-assessment, pricing, and rei

Uncategorized

Japan IP High Court 令和3年(ネ)第10037号 (Remitch / 止痒剤) — Extended Pharmaceutical Use Patent Reaches Generic with Same Active Ingredient and Therapeutic Equivalence; ¥21.7 Billion Damages Award Affirmed

The Japan Intellectual Property High Court reversed the Tokyo District Court and held that a generic narlfrafen hydrochloride (nalfurafine) anti-itch product infringes Toray’s term-extended pharmaceutical use patent on Remitch, awarding the patentee approximately ¥21.7 billion (~US$140 million

Uncategorized

Korea Supreme Court 2025다202970 — Territoriality Defeats Indirect-Infringement Claim Against Korean Manufacturer of 13-Valent Pneumococcal Vaccine Components Exported for Foreign Assembly

Korea’s Supreme Court affirmed dismissal of indirect patent-infringement claims against a domestic manufacturer that produced 13 individual conjugate substrates in Korea but exported them for final mixing into a 13-valent pneumococcal vaccine abroad, holding that under the territoriality princ

Uncategorized

UPC Local Division Düsseldorf — Sanofi & Regeneron v. Amgen (UPC_CFI_505/2024) — Framework for Infringement of Second Medical-Use Claims and Rejection of “Pleading Ignorance”

The UPC Düsseldorf Local Division articulated the substantive framework for second medical-use claim infringement: the alleged infringer must offer or place the medicinal product on the market in a way that leads or may lead to the claimed therapeutic use, with knowledge or constructive knowledge th

Uncategorized

Supreme People’s Court of China — Chengdu Chip Co. v. Mao Tech (2023) 最高法知民终2903号 — Power-Management Chip Patent Infringement Reversed; SPC Tightens Doctrine of Equivalents for Logic-Circuit Patents

The Supreme People’s Court IP Tribunal reversed a first-instance finding of patent infringement in a power-management chip dispute, holding that pulse-signal generation circuit features in the accused chip differed from the patented features in means, function, and effect — and therefore neith

Uncategorized

BSH Hausgeräte v. Electrolux (C-339/22) — CJEU Grand Chamber Holds EU Member-State Courts Have Cross-Border Jurisdiction Over European Patent Infringement Outside Their Forum, Even When Validity Defenses Are Raised

The CJEU Grand Chamber held that Article 4(1) of Regulation 1215/2012 entitles a court of a defendant’s domicile member state to hear infringement claims regarding a European patent’s national parts validated in other member states (and even in non-EU states), notwithstanding invalidity

Scroll to Top