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Articles by Aida Tohala
Podcast: Jurisdiction – Testing the Limits (via Passle)
In our 8th episode, Charlie French and Aida Tohala explore some of the recent decisions from the UPC exploring the boundaries of the court’s jurisdiction. These cases deal with questions including: Does the UPC have jurisdiction over countries that have signed the UPC Agreement, but not yet ratified it? How to decide whether to stay UPC proceedings when parallel litigation is ongoing at the EPO or nationally?
Abbott Diabetes Care Inc. v Sibio Technology Limited - an update
This article was first published inKluwer Patent Blog [August,2024]. Background In June 2024, we reported that in an application for provisional measures brought by Abbott Diabetes Care against Sibio Technology, The Hague Local Division (“LD”) determined, inter alia, that it had competence for Ireland, in the sense that it could grant a PI extending to Ireland under European patent validated in that country.
Abbott Diabetes Care Inc. v Sibio Technology Limited – an update - Kluwer Patent Blog
Background In June 2024, we reported that in an application for provisional measures brought by Abbott Diabetes Care against Sibio Technology, The Hague Local Division (“LD”) determined, inter alia, that it had competence for Ireland, in the sense that it could grant a PI extending to Ireland under European patent validated in that country.
Abbott Diabetes Care Inc. v Sibio Technology Limited
Introduction On 19 June 2024, The Hague Local Division handed down a judgment in a dispute brought by Abbott Diabetes Care Inc. (“Abbott”) against Sibio Technology Limited and Umedwings Netherlands BV (together “Sibio”). Abbott sought to obtain a preliminary injunction (as well as certain other provisional measures) against Sibio, relying on its patent EP 2 713 879 (“EP 879”) to a continuous glucose monitoring (“CGM”) device.
It’s not over until the Confidential Annex sings
Introduction On 17 July 2023, the English Court of Appeal handed down its decision in a dispute between J.C. Bamford (JCB) and Manitou about the confidentiality of information disclosed in the course of litigation between JCB and Manitou relating to the validity and infringement of certain of JCB’s patents.
Kluwer Patent Blog
In certain technological fields, it is necessary to choose a solution and adopt it as a standard. Imagine, for example, if each electronic device came with a different socket-outlet format or if each airport in the world used a different communication system to connect its control tower with airplanes. It would be catastrophic or, at…
Plausibility post G2/21 – Apixaban in the UK - Kluwer Patent Blog
On 4 May 2023, a mere two weeks after the conclusion of the hearing, the Court of Appeal handed down its decision in Sandoz and Teva v BMS. The appeal decision is centred on the question of plausibility and comes hot on the heels of the Enlarged Board of Appeal’s decision in G 2/21. Indeed, it is the first time that the Enlarged Board of Appeal’s decision has been considered in an English judgment. As such, it is of great relevance to practitioners interested in the evolution of this legal concept.
Embryo gene editing: from theory to practice
The Guardian reported yesterday that the first UK baby with DNA from three people has been born in IVF treatment. In 2017, the Newcastle Fertility Centre became the first authorised UK centre to provide mitochondrial donation treatment ("MDT") to patients. The therapy is designed to avoid the inheritance of mitochondrial defects which would result in devastating disease.
AIM Sport Vision AG v Supponor
AIM Sport Vision AG v Supponor Limited and Supponor Oy [2023] EWHC 164 (Pat) First published in EPLAW Patent Blog, February 2023. The English High Court has held that AIM’s patent concerning virtual advertising billboards (EP (UK) 3 295 663 B1 (the Patent)) is both valid and infringed by Supponor’s competing technology. These advertising billboards are used in sports stadiums and relate to the “digital superimposition of an image onto another image”.
Neurim And Flynn v Mylan: The Price Spiral Argument Under Scrutiny - Intellectual Property - UK
To print this article, all you need is to be registered or login on Mondaq.com. It has long been argued before the English courts (and generally accepted albeit that evidence is required) that if an allegedly infringing generic product is allowed to launch prior to trial, this will lead to an irreversible price spiral for the patentee's product which cannot be compensated for in damages. First published in our Biotech Review of the year – issue 8.
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