UK

Brexit White Paper: UK’s proposals on future relationship with EU acknowledge the needs of the Life Sciences industries

Jacqueline Bore

The UK government published its long awaited White Paper, “The Future Relationship between the United Kingdom and Europe”, on 12 July 2018.  The White Paper details the UK government’s comprehensive vision for the future relationship between the UK and the EU-27, which it describes as the “Future Framework”. The proposals that affect the Life Sciences Read More

SPCs and Brexit: SPC applications pending in the UK at the end of the “transition period” will still be granted

Steven Baldwin

EU and UK Brexit negotiators have agreed that applications for Supplementary Protection Certificates (SPCs) for plant products and medicinal products submitted in the UK before the end of the Brexit “transition period” (currently 31 December 2020) will: Still be granted after the end of that period; and Provide for the same level of protection as Read More

English Court of Appeal rejects the EPO’s “serious contemplation” test for anticipation by prior disclosure overlapping with later patent

Marjan Noor

In the case of Jushi Group v OCV [2018] EWCA Civ 1416, the Court of Appeal has considered the question of the relevant test to apply when assessing whether a prior disclosure of numerical ranges will anticipate a later claim to overlapping numerical ranges. The patent at issue relates to the composition of a type Read More

Edwards Lifesciences v Boston Scientific: Decision of UK Court of 24th May 2018

Marjan Noor

The issue of whether public health policy considerations can prevent the grant of a final injunction is a live one as the number of disputes in the biologics field increases. In this decision of the UK High Court of Justice, public health considerations led to the stay of the injunction and also its qualification for Read More

EU regulatory data protection – UK court considers generics’ challenges to prior EC decisions authorising reference product

Rafi Allos

In an important recent UK case concerning regulatory data protection (“RDP”), the High Court has rejected a challenge by Teva to an assessment underlying the RDP for Tecfidera (dimethyl funarate), a multiple sclerosis treatment approved in the EU in 2014.  Teva sought a judicial review of a decision by the MHRA refusing to accept Teva’s Read More