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No back-peddling on prosecution disclaimers (Azurity v. Alkem, Fed. Cir. Case No. 23-1977)
In Azurity v. Alkem  the US Court of Appeals for the Federal Circuit (CAFC) affirmed the District of Delaware's ruling that Alkem's...
Apr 225 min read
UPC Munich Local Division takes a novel approach to claim interpretation (SES vs Hanshow, UPC-CFI-292/2023)
The decision of the Munich Local Division of the UPC in SES vs. Hanshow  provides a first indication of how the nascent UPC will...
Apr 226 min read
Don't shoot yourself in the foot: European file history in US patent claim interpretation (K-fee v Nespresso)
In the US, the principle of file wrapper estoppel is well established. Submissions made in US patent prosecution may be highly...
Apr 224 min read
Beware of boilerplate: Practical lessons for patent drafting from G1/24 (Claim interpretation)
Following the high profile hearing last month, we are now all waiting with bated breath for the written decision of the Enlarged Board of...
Apr 115 min read
G 2/21 applied to software inventions (T 0687/22)
The EPO Board of Appeal decision in T 0687/22  confirms beyond doubt the relevance of G 2/21  to software inventions. The decision in ...
Apr 105 min read
Use versus process patents: Implications for novelty and scope (T 1913/21)
The recent decision T 1913/21 highlights a crucial differentiation between second non-medical use claims and process claims. The Board...
Apr 106 min read
Too broad, too early? AI platform for cell analysis found to lack technical character and sufficiency (T 0660/22, Cell analysis/NIKON)
The decision in T 0660/22  combines two hot topics, AI and cells! The patent application at issue related to a method for analysing...
Apr 105 min read
To infinity and beyond! The sufficiency requirements for open-ended ranges (T 1977/22)
The recent Board of Appeal decision in T 1977/22  related to the patentability of claims defining subject matter with open-ended...
Mar 217 min read
The UPC's approach to added matter and functional claims (Abbott v. Sibio Technology, UPC_CoA_382/2024)
The recent decision in Abbott v Sibio Technology  ( UPC_CoA_382/2024 ) offers valuable insights into the UPC's approach to the...
Mar 217 min read
Securing market protection for cell therapies: Patents versus regulatory exclusivity
Cell therapies represent incredibly exciting science and the opportunity to treat previously intractable diseases. Cell therapies...
Mar 216 min read
Beyond the process: Securing robust IP protection for cell therapies
Cell therapy represents one of the most exciting fields of innovation, with the potential to provide long-term cures for previously...
Mar 127 min read
AlphaFold: From Nobel Prize to drug-discovery gold mine?
AlphaFold, a machine learning model for predicting protein structure, is arguably one of the greatest achievements of AI so far. Whilst...
Mar 115 min read
Strict US written description requirement applied to CAR-T-cell therapy (Juno v Kite)
In the US, functional antibody claims have increasingly failed to satisfy the strict "written description" sufficiency requirement. The...
Mar 116 min read
Functional claims for pharmaceutical formulations: Validity versus enforcement (T 2130/22)
The Board of Appeal decision in T 2130/22 considered the inventive step of a pharmaceutical formulation in which the technical effect...
Mar 65 min read
OpenAI's large language model (LLM) patents
OpenAI's approach to IP is often cited in the tech industry as an example of a radically new approach to IP. OpenAI has the reputation...
Mar 65 min read
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