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The IPKat EPO Boards of Appeal Year in Review 2023

The IPKat

G2/21 and the mysteries of plausibility The topic that this Kat has spent the most electronic ink on this year is undoubtedly G 2/21. After a flurry of decisions at the start of the year , the Boards of Appeal have gone rather silent on the topic of ViCo oral proceedings. This is one to watch for 2024.

Invention 110
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Guest Book Review – Tritton on Intellectual Property in Europe

The IPKat

Designs get comparatively little attention which is no doubt due to space limitations (the book has almost 1,500 pages excluding the tables of cases and legislation) but given the many design complexities in Europe, it is the one topic where a bit more detail would have been welcome.

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[GuestPost] Lord Justice Birss deals with the kitchen sink and the Formstein defence in Facebook v Voxer

The IPKat

The present case has been tried under the Shorter Trials Scheme (a topic for another post, says Merpel.). He pointed out that Regeneron v Kymab [2020] UKSC 27, the authority relied upon by Facebook which had ruled that a range needed to be enabled across its entire scope, only concerned ranges under the Regeneron sense but not other ranges.

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2021 Post-Grant Report

Fish & Richardson Trademark & Copyright Thoughts

Regeneron Pharmaceuticals, Inc., The most challenged patents relate to aflibercept, held by Regeneron and sold under the trade names Eylea® and Zaltrap®, and tocilizumab, held by Chugai Pharmaceutical Co. Denials of institution – particularly the extent to which they are reviewable – have long been a contentious topic for the PTAB.

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Biosimilars 2021 Year in Review

Fish & Richardson Trademark & Copyright Thoughts

The letter discusses the BPCIA and the Hatch-Waxman Act frameworks (for small molecule drugs) and sets forth several topics for USPTO’s consideration and further discussion: engagement between FDA and USPTO to increase efficiencies, possible misuse of the patent system (e.g., IPR2021-00528.) The PTAB granted institution in August 2021.