CAFC Finds Eagle Doesn’t Drift Into Par’s Infringement Trap
In Par Pharmaceutical Inc v Eagle Pharmaceuticals Inc 21-2342 the Court of Appeals for the Federal Circuit (CAFC) affirmed a District Court’s finding that fluctuations in pH levels in a generic composition would not inevitably result in infringement.
Fonterra’s Opposition Brings Perfect Day’s Accepted Application Down To (and below) Ground
In Fonterra Co-operative Group Ltd v Perfect Day Inc  APO 59 an application relating to dairy substitutes was successfully opposed in a case where more careful drafting could have avoided that outcome.
Unfair Advantage Ruling Upheld
In Monster Energy Company v Red Bull GmbH 2022 EWHC 2155 a UK High Court Judge upheld a Hearings Office decision that allowed an opposition based on taking unfair advantage of a well-known mark without requiring a subjective intention to do so.
Montenegro Changing from EPC Extension State to EPC Member State
From the 1st October 2022 Montenegro (ME) will be an EPC member state, thereby bringing the total number of EPC member states to 39.
Applicant Friendly Changes to Japanese Patent and Trade Mark Practice Approved
On 15th July 2022 the Japanese Cabinet approved some notable applicant friendly changes to Japanese patent and trade mark practice, which will take effect from 1st April 2023.