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Further Developments on the UPC’s Long-Arm Jurisdiction and the Law Applicable to Ongoing Infringement The Mannheim Local Division of the UPC recently issued two interesting decisions in related cases (UPC_CFI_159/2024 and UPC_CFI_162/2024) on the determination of the substantive law applicable to alleged infringing acts. The Local Division also issued orders in the two cases which hint that it is prepared to exert the court’s long-arm jurisdiction over infringement actions concerning non-UPC parts of a... Read more
Landmark CJEU decision extends the options for European cross-border patent infringement disputes The CJEU has issued a landmark decision in BSH Hausgeräte vs Electrolux (C-339/22), opening the door to European cross-border patent infringement disputes in the national courts. The CJEU’s ruling clarifies that: An EU Member State court of a defendant’s domicile has jurisdiction to hear an infringement action with respect to a patent granted in another Member State, irrespective of whether... Read more
Preliminary Opinion Issued for the Enlarged Board of Appeal Case G 1/24 Regarding Use of the Description When Interpreting the Claims The Enlarged Board of Appeal (EBA) has issued its preliminary opinion in case G 1/24. The case concerns the extent to which the description and figures should be referred to when interpreting the claims for assessing patentability. The preliminary opinion is short and the EBA is not bound by the opinion, but it provides an initial insight into the EBA’s... Read more
Quantum Teleportation Breakthrough Brings Quantum Computing One Step Closer
Quantum Teleportation Breakthrough Brings Quantum Computing One Step Closer Quantum computing is a potentially revolutionary field of technology, which uses quantum phenomena to solve problems that would take a conventional computer thousands of years. However, quantum computers are challenging to scale to a large size, which prevents the construction of a quantum computer with enough computational power to be industry-disrupting. A recent breakthrough at the University of Oxford relating... Read more
J A Kemp Partner Shortlisted for Patent Practitioner of the Year Award by Managing Intellectual Property in Their EMEA Awards 2025 Ravi Srinivasan, Head of J A Kemp’s pharmaceutical practice, has been shortlisted for The Patent Practitioner of the Year Award by Managing Intellectual Property in their EMEA Awards 2025. The Managing IP Awards programme recognises remarkable intellectual property achievements and developments in the last year in the EMEA region (Europe, Middle East and Africa). Now in its 20th year, the... Read more
J A Kemp Shortlisted for Two Awards by Managing Intellectual Property in Their EMEA Awards 2025 J A Kemp has been shortlisted by Managing Intellectual Property in the Patent Prosecution and UPC Firm of the Year (UK – England) categories in this year’s EMEA awards. The Managing IP Awards programme recognises remarkable intellectual property achievements and developments in the last year in the EMEA region (Europe, Middle East and Africa).  Now in its 20th year, the... Read more
UPC’s Court of Appeal Holds That the UPC Can Determine Damages for a Previous National Infringement In a recent order in case UPC_CoA_30/2024, the UPC’s Court of Appeal ruled that the UPC is competent to decide on an action for determination of damages where a national court has established infringement of a European patent, thus overturning the order of the Court of First Instance (Hamburg Local Division). The Court of Appeal also provided helpful clarification regarding its jurisdiction... Read more
J A Kemp Partner Recognised in Lexology Index’s ‘Thought Leaders: Global Elite 2025’ Report J A Kemp Partner Ravi Srinivasan has been recognised as one of the world’s leading practitioners according to Lexology Index (formerly Who’s Who Legal). Lexology Index canvasses recommendations from clients and eminent private practitioners who have worked closely with nominees. It also ensures that its recommendations are rooted in and supported by detailed data. Only 5% of ranked practitioners are... Read more
UPC Delays Due to Difficulties in Serving Proceedings Under the Hague Service Convention Summary Serving proceedings out of the jurisdiction in which they have been issued can be a time-consuming exercise. Two recent decisions of the UPC’s Munich Local Division concerning service of applications for preliminary measures in related cases between Air Up Group GmbH (the German Applicant) and Guangzhou Aiyun Yanwu Technology Co., Ltd (the Chinese Defendant) illustrate the nature and extent... Read more
Oral Proceedings Scheduled for the Enlarged Board of Appeal Case G 1/24 Regarding Use of the Description When Interpreting the Claims The Board of Appeal in T 0439/22 referred questions to the Enlarged Board of Appeal in order to clarify the extent to which the description should be referred to when interpreting the claims. The case is pending as G 1/24 and in-person oral proceedings have now been scheduled for 28 March 2025. The questions referred by the Board of Appeal... Read more
New Referral to the EPO Enlarged Board of Appeal Regarding the Status of an Intervener – G 2/24 The EPO has announced here that the Technical Board of Appeal in decision T 1286/23 has referred questions to the EPO’s Enlarged Board of Appeal regarding the status of a third party intervener in appeal proceedings. A third party can “intervene” in ongoing opposition proceedings if either (a) infringement proceedings have been brought against that third party by the patentee,... Read more
Teva Fined €462.6 Million by European Commission for Abusing EPO’s Patent System The European Commission has today imposed a €462.6 million antitrust fine on Teva for abusing its dominant position in the market for Copaxone, a blockbuster drug for treating multiple sclerosis. Teva’s abusive conduct was said to consist of prolonging legal uncertainty over the enforceability of its patents for Copaxone, and disparaging a rival’s generic version. It is rare of the... Read more
EPO’s Technical Board of Appeal Applies Relaxed Standards for Assessing Priority Entitlement In a recently-published decision T2360/19, the EPO’s Technical Board of Appeal applied new liberal standards when assessing legal entitlement to priority, following a relaxation of this aspect of the law. The opposed patent, covering gene editing technology known as CRISPR, was granted from a divisional application stemming from parent EP2771468. The parent patent had previously been revoked by the Technical... Read more
J A Kemp Authors the Whitepaper ‘Patent Filing Considerations in View of Revised EU Clinical Trial Regulation Transparency Rules’ with DLRC In collaboration with DLRC, a leading Regulatory Affairs Consultancy, we’ve developed a white paper outlining key patent filing considerations. Authored by Karen Ng, and James Biddlecombe (Business Transformation & CTR Lead at DLRC Regulatory Consultancy), this paper emphasises the importance of early and ongoing collaboration between legal and regulatory teams throughout the life cycle of clinical trials to optimise patent filing opportunities. Download... Read more
A First Revocation Action from the UPC’s Central Division – Amgen Anti-PCSK9 Antibody Patent Held Invalid In a recent decision in case 459505/2023 (UPC_1/2023), the UPC’s Court of First Instance (Munich Central Division) revoked Amgen’s EP3666797, relating to anti-PCSK9 antibodies. This decision was the Central Division’s first ever revocation decision and represents the latest in a long-running global dispute between Amgen, who market the cholesterol-lowering drug Repatha®, and Sanofi/Regeneron, who market the drug Praluent®. The Central... Read more
J A Kemp Nominated for Patent Prosecution Firm of the Year, United Kingdom, at This Year’s Global IP Awards J A Kemp has been nominated for ‘Patent Prosecution Firm of the Year, United Kingdom’, at The Global IP Awards 2024. The Global IP Awards recognise the outstanding achievements of law and attorney firms in litigation, prosecution, and transactional work during 2023 and 2024. Winners are compiled based on the extensive research carried out for the IAM Patent 1000 and... Read more
COP28 Series: Climate Change and Health, Communicable Diseases
COP28 Series: Climate Change and Health, Communicable Diseases Vector-borne disease: tackling the spread of disease-carrying insects through biology COP28 was the first of United Nations Climate Change Conference to feature a health programme, a welcome first given that the scientific community has been reporting the impact of climate change on our health for almost two decades. COP28’s ambitions to address the climate’s impact on our health were further... Read more
COP28 Series: Fresh Water Availability and Urban Water Resilience
COP28 Series: Fresh Water Availability and Urban Water Resilience “Water, water, every where, Nor any drop to drink.” Samuel Coleridge’s 1798 poem, The Rime of the Ancient Mariner, laments the Mariner’s vast surroundings of undrinkable seawater. Little did Coleridge likely predict that these punishing conditions would affect even the land-dwellers over two centuries later. An estimate from the United Nations states that 55 percent of the world’s population was... Read more
COP28 Series: Climate Change and Health, Non-Communicable Diseases (NCDs)
COP28 Series: Climate Change and Health, Non-Communicable Diseases (NCDs) According to the World Health Organization (WHO), non-communicable diseases (NCDs) kill 41 million people each year, which is equivalent to 74% of all deaths globally. Of these, the biggest killers are cardiovascular disease, cancers, chronic respiratory diseases and diabetes. The United Nations Sustainable Development Goal 3 includes an ambitious target of reducing premature deaths from NCDs by one third from... Read more
A First Substantive Decision of the UPC Court of Appeal – 10x Genomics vs Nanostring In a recent decision in case UPC_CoA_335/2023, the UPC’s Court of Appeal overturned a preliminary injunction granted by the Court of First Instance (Munich Local Division) to 10x Genomics, Inc. against Nanostring Technologies based on EP 4108782. As previously reported, the Munich Local Division held at first instance that there was a sufficient degree of certainty that the asserted patent... Read more
J A Kemp Appoints New Associate to its Cambridge Office Patent Attorney Ruth Shelton joined J A Kemp this month from another leading patent firm in Cambridge. Ruth specialises in chemical subject matter including pharmaceuticals, small molecule chemistry, first and further medical uses, synthetic chemistry, nutraceuticals, dyes and detergents. She is experienced in the drafting, filing and prosecution of UK, European and international patent applications. She joins J A Kemp... Read more
Gut Microbes: Do They Have A Role To Play In Social Anxiety?
Gut Microbes: Do They Have A Role To Play In Social Anxiety? Our body is home to trillions of microbes which form our microbiome. Over the past decade scientists have discovered that our gut microbiome, the bacteria and microorganisms that reside within our gastrointestinal system, play a hugely important and much larger role in our health than once thought. A high gut microbiota diversity has been linked to better general health. Similarly,... Read more
The Highest Form of Flattery? Taking Action Against Impersonation
The Highest Form of Flattery? Taking Action Against Impersonation A BBC News article has highlighted a recent increase in the use of well-known restaurant names in fraudulent company registrations at Companies House. The article reports that over 750 ‘fake’ companies, many with names containing a misspelling of a well-known restaurant business or proprietor (according to data compiled by an independent fraud consultant), have been added to the Register in... Read more
FRET-Based Biosensors in Diagnosing Biomedical Pathologies
FRET-Based Biosensors in Diagnosing Biomedical Pathologies Fluorescence resonance energy transfer (FRET), also referred to as Förster resonance energy transfer, is a physical phenomenon whereby energy from a donor fluorophore is transferred to an acceptor fluorophore. This form of resonance energy transfer is strongly dependent on close localisation of the donor and acceptor fluorophore, wherein a typical distance range for FRET to occur efficiently is 1-10nm. Given... Read more
Preparing for a Pandemic: What Awaits After COVID-19?
Preparing for a Pandemic: What Awaits After COVID-19? Earlier this year, the World Health Organisation (WHO) declared COVID-19 to no longer constitute a public health emergency of international concern. Whilst this appears to officially mark the end of that pandemic, scientific communities generally agree that there will inevitably be another one. It is less clear, though, what the causal agent of the next pandemic will be. In this... Read more
The EPO’s Legal Board of Appeal Tightens Formal Requirements for Recording Assignments Electronic signatures have revolutionized the way we execute agreements and other documents in the digital age. Their use in the past few years has accelerated, in part driven by the COVID-19 pandemic, but also because they are often more convenient and are generally considered to be more secure than handwritten signatures. Despite the widespread and increasing acceptance of digitally signed... Read more
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