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Competition law analysis: China approves Novartis/Alcon transaction
On 13 August, China's merger control agency - the Ministry of Commerce (MOFCOM) - published its verdict on the Novartis/Alcon transaction on its website. MOFCOM allowed the proposed acquisition of Alcon by Novartis to go ahead, subject to conditions. This article analyses the decision.
Law Firm: Hogan Lovells | Published: 19 August 2010 | Practice Area: Merger Control
Life sciences and healthcare update
SJ Berwin provides commentary on recent legal and regulatory issues in the pharmaceutical and healthcare industry including: Court of Justice interprets Biotech Patent Directive; European Commission’s first report on monitoring patent settlements; and KCI Patent valid and infringed.
Law Firm: SJ Berwin | Published: 13 August 2010 | Practice Area: Patents
AstraZeneca judgment confirms that patent misuse may infringe competition law
Ashurst looks at a recent judgment that saw the EU's General Court largely confirm a 2005 EC decision that AstraZeneca had abused its dominant position by misusing the patent system to block or delay access for generic versions of a drug and to prevent parallel imports between EU member states.
Law Firm: Ashurst | Published: 26 July 2010 | Practice Area: Patents
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The scope of DNA patents - ECJ's decision in Monsanto v Cefetra
The Court of Justice has handed down its decision on the scope of protection to be afforded to DNA sequence patents, confirming that patent protection for gene sequences only extends to material where the genetic material is currently performing its function.
Law Firm: Wragge & Co | Published: 08 July 2010 | Practice Area: Patents
Auf wiedersehen to Swiss-type patent claims
The UK Intellectual Property Office recently issued a practice note confirming that it will no longer accept patent applications with claims to a second medical use in the traditional Swiss-type form, bringing the practice of the UKIPO into line with that of the EPO.
Law Firm: Eversheds | Published: 07 July 2010 | Practice Area: Patents
General Court upholds Commission decision in AstraZeneca abuse of dominance case
The General Court has issued its long awaited judgment in the AstraZeneca case, upholding the Commission's decision in respect of both the SPC abuse and the selective deregistration abuse.
Law Firm: Herbert Smith | Published: 07 July 2010 | Practice Area: Competition Regulators and enforcement
SFO plea bargains in corruption cases - the Court of Appeal's view
In the recent prosecution of a company executive for overseas corruption, which saw the Serious Fraud Office enter into a plea bargain agreement with the defendant, the Court of Appeal expressed its dissatisfaction with the extent to which the SFO sought to interfere with the sentencing.
Law Firm: Allen & Overy | Published: 05 July 2010 | Practice Area: Financial Crime and Fraud
Healthcare sector briefing
This briefing from Eversheds features articles on: the CRC Energy Efficiency Scheme; developments following the Queen's Speech; proposed changes to the NHS Pension Scheme and deprivation of liberty safeguards, one year on.
Law Firm: Eversheds | Published: 09 June 2010 | Practice Area: Health Care
Update for Small Biotechs and Pharmas: Treasury Publishes Guidelines for Qualifying Therapeutic Discovery Project Program, Sets July 21 Deadline for Applications
On May 21, 2010, by Internal Revenue Service Notice 2010-45 (“Notice”), the U.S. Department of the Treasury (“Treasury”) announced the establishment of the Qualifying Therapeutic Discovery Project program pursuant to Section 9023(a) of the Patient Protection and Affordable Care Act of 2010 (“Affordable...view abstract
Law Firm: Dewey & LeBoeuf | Published: 28 May 2010 | Practice Area: Income Tax
Comparative advertising causes a stink in the Court of Appeal – much to the Judges' regret
Using a famous brand to compare a characteristic of your otherwise legitimate copycat product has been held unlawful by Lord Justice Jacob, as the Court of Appeal found itself bound by the ECJ’s ruling on trade mark and comparative advertising in the smell-alike perfume case L'Oreal v Bellure.
Law Firm: Herbert Smith | Published: 26 May 2010 | Practice Area: Trademarks
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