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Pharma Patents UK Case Law in 2013
Today we have a guest post from Suleman Ali of Holly IP and K2 on the subject of UK Pharma caselaw in 2013. This post was originally posted on the Holly IP blog IP Trends and is reproduced with the permission of the author. These points are gleaned from a talk by Neil Jenkins given at the CIPA Life Sciences Conference on 14 November 2013.
Top 10 Points from UK Court Decisions from 2013 (CIPA Event 27 November 2013)
Today we have a guest post from Suleman Ali of Holly IP and K2. This post was originally posted on the Holly IP blog IP Trends and is reproduced with the permission of the author.
These decisions were discussed at a CIPA event on 27 November 2013, and the following points are based on the cases selected by the speakers.
We want to be guinea pigs too
Following concerns that the strict patent infringement tests applied by the Courts in the UK are driving lucrative clinical trials overseas, the UK government has now concluded a review of the statute that would allow for a broader ‘Bolar’ exemption to enter UK law.
Apple Apology – Text of Judgment available
As noted in earlier posts (here and here) the statement Apple posted to their website wasn’t exactly what the judges in the Court of Appeal had in mind. The full text of the judgment following Samsung’s complaint is now available here. It is well worth a read and almost relentless in its disapproval of Apple’s actions.
The current version of the Apple website links to the intended wording. Or you could try this.
Apple “Apology”
As noted in many recent news stories, Apple has now included a link on their UK website to a page explaining the outcome of their recent Court of Appeal decision in the UK. The link on their front page has been located in such a way as to provide a sort of “Where’s Wally?” experience when you try and find it.
Clicking on the link takes you to a page completely devoid of Apple branding. There are six paragraphs of text on this page, paragraphs 1 and 5 being the text specified by the judge in the UK court case. Paragraphs, 2, 3, 4 and 6 have been added by Apple. When I look at the page, I can’t help seeing it like this:
IPcopy 