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Opposition case

Cases
EPO Enlarged Board of Appeal

G1/23: If it is public, it is prior art

A product made publicly available before a patent's filing date cannot be excluded from prior art simply because its composition or structure could not be fully analysed or reproduced. The Enlarged Bo ...

8 July 2025 by Konstanze Richter
Cases
Opposition

Eight opponents achieve revocation of Salix's rifaximin patent at EPO

Salix Pharmaceuticals is defending several patents relating to rifaximin for the treatment of hepatic encephalopathy against various oppositions. So f ...

17 June 2025 by Konstanze Richter
Cases
mRNA technology

Graf von Stosch scores wins for CureVac in EPO oppositions

In the extensive dispute over mRNA patents, CureVac has achieved a victory at the European Patent Office. The Opposition Division upheld two important ...

21 May 2025 by Konstanze Richter
Cases
Medical devices

Meril successful at EPO against Edwards Lifesciences in heart-valve battle

In a victory for Meril Life Sciences in the long-running dispute over heart valves, the Boards of Appeal have revoked one of several patents-in-suit b ...

16 January 2025 by Konstanze Richter
Cases
Medical devices

EPO Boards of Appeal revoke Edwards Lifesciences' heart-valve patent

Edwards Lifesciences and Meril have been fighting over heart-valve technology for years. Now the EPO has finally destroyed one of Edwards' patents. Th ...

5 December 2023 by Konstanze Richter
Cases
mRNA technology

EPO revokes Moderna patent in vaccine dispute with BioNTech

In the pan-European dispute between Moderna and BioNTech over mRNA patents, the patent holder Moderna has now suffered a defeat at the European Patent ...

21 November 2023 by Konstanze Richter
Cases
Breast cancer drug

EPO revokes Novartis everolimus patent in major victory for generics companies

In the long-running dispute with Novartis over breast cancer drug Afinitor, generic drug manufacturers have now scored a major victory. The EPO Boards ...

15 August 2023 by Konstanze Richter
Cases
DNA sequencing technology

Hoffmann Eitle and MGI prevail as Boards of Appeal revoke Illumina patent

For years, US biotechnology company Illumina has been litigating in various countries and at the European Patent Office against BGI and its subsidiary ...

27 March 2023 by Konstanze Richter
Cases
European Patent Office

G 2/21: Enlarged Board of Appeal allows post-filed data to prove technical effect

Experimental evidence submitted after filing a patent can be used to prove a technical effect for patentability. With its decision in the case of G 2/ ...

24 March 2023 by Konstanze Richter
Cases
Medical devices

AMO finds EPO success in eye surgery technology battle with Alcon

In a dispute over eye surgery laser technology, AMO and Alcon have both obtained a mutual sales ban for their devices in Germany. But an EPO ruling ha ...

3 June 2022 by Konstanze Richter
Cases
Boards of Appeal

Allergan wins with Hoffmann Eitle in battle over Botox patents

In a dispute over the next generation of Botox patents, Allergan has won a first victory at the European Patent Office. Last week, the Technical Board ...

14 September 2021 by Konstanze Richter
Cases
Aerospace

Fatal comma error: EPO nullifies Boeing communication patent

It was a small punctuation mark with major repercussions. The EPO Board of Appeal has nullified a Boeing patent due to the inconsistent placement of a ...

7 April 2021 by Konstanze Richter
Cases
CRISPR/Cas

EPO revokes first Sigma-Aldrich CRISPR patent for lack of inventive step

The EPO Opposition Division has revoked a CRISPR patent, part of the Sigma-Aldrich patent portfolio, for lack of inventive step. The revocation is sig ...

19 March 2021 by Amy Sandys
Cases
European Patent Office

Corning and Schott battle over flexible glass handset displays

Schott has overturned two patents for flexible glass owned by US glass manufacturer Corning at the European Patent Office. Now, the dispute over ultra ...

16 February 2021 by Mathieu Klos
Cases
Pharmaceuticals

EPO destroys Teva copaxone patent after appeal

The European Patent Office has destroyed a patent owned by Teva for copaxone, which treats certain indications of multiple sclerosis. The patent was o ...

21 September 2020 by Amy Sandys
Cases
CRISPR-Cas

University of California wins CRISPR/Cas opposition case at EPO

The Broad Institute has recently failed to protect its CRISPR/Cas patent before the Boards of Appeal. Now the European Patent Office has maintained a ...

13 February 2020 by Konstanze Richter
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