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JUNE 2024

Welcome to Mathys Matters - your monthly update from Mathys & Squire, covering all the recent intellectual property and sector news/updates throughout June! 

This month we’re shining a spotlight on one year of the Unified Patent Court (UPC).

Our latest articles throughout June include: a discussion about the changes to the proposed new medicinal products Directive that have been approved by EU Parliament, commentary on Mathys & Squire's decision to file a Petition for Review, our firm's recognition in the Financial Times leading European patent firms list, and Mathys & Squire's ranking in the 2024 edition of IAM Patent 1000 with a record fifteen attorneys recognised.

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 Unified Patent Court captures 15% of European patent litigation but still far from being primary European patent court -


One year in, the jury is still out on the new UPC as its caseload is still dwarfed by national courts.

The UPC opened on June 1, 2023 with the aim of becoming Europe’s primary patent court. In its first year of operation, 205 cases were filed at the court (134 infringement cases, 39 revocation actions and 32 provisional measures actions). This represents around 15% of the total number of patent cases filed in Europe in 2021, when a total of 1,275 patent law cases were heard in the UK, Germany, France, Italy and the Netherlands combined.

Commentary by Partner Nicholas Fox has been featured in Law Society Gazette, Law Society of Ireland Gazette, World IP Review, Life Sciences Intellectual Property Review, The Canadian Lawyer and The Australian Lawyer, looking back at one year of the UPC and discussing how national courts still dominate patent litigation in Europe.

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Changes to the proposed new medicinal products Directive have been approved by the EU Parliament – do they shift the balance between generics and innovators and are they TRIPS compliant?

21 June 2024

Recently, the EU Parliament approved significant changes to the proposed new medicinal products Directive which deals with regulatory exclusivities and the Bolar exemption. Partner Stephen Garner discusses how the latest changes represent an erosion of the protections currently afforded to the innovator pharmaceutical industry and raise serious questions of non-compliance with the TRIPS agreement.

Read the article here


Mathys & Squire files Petition for Review for Ipsen Bioinnovation

18 June 2024 

Partners David Hobson, Martin MacLean and Nicholas Fox have filed a Petition for Review on behalf of Ipsen Bioinnovation. A Petition for Review is an exceptional remedy which enables a party to overturn a decision of an EPO Board of Appeal. The success rate for Petitions for Review is notoriously low, with fewer than 5% being successful as they can only be based on very specific grounds and there is an obligation on parties to bring issues to a Board’s attention at a hearing. Unusually, valid grounds for a Petition for Review appear to have been made out in the present case.

Read the article here

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Mathys & Squire recognised as one of Europe’s leading patent firms in the Financial Times 2024 rankings

14 June 2024 

Mathys & Squire is pleased to be ranked as a leading European patent law firm by the Financial Times (FT) in their 2024 report. Our firm has also been highlighted in five specialised areas of industry expertise: ‘Biotechnology, Food & Healthcare‘, ‘Chemistry & Pharmacy‘, ‘Electrical Engineering & Physics’, ‘IT & Software‘, and ‘Mechanical Engineering.’  We would like to extend our thanks to all our clients and contacts who took the time to recommend our firm.

Read the article here


Fifteen Mathys & Squire attorneys recognised in IAM Patent 1000 2024

6 June 2024

Mathys & Squire is thrilled to be ranked in the 2024 edition of IAM Patent 1000: The World’s Leading Patent Professionals. In addition to our firm ranking, 15 of our attorneys have been recognised as 'Recommended Individuals': Partners Paul Cozens, Nicholas Fox, Stephen Garner, Anna Gregson, Philippa Griffin, Chris Hamer, Dani Kramer, Alan MacDougall, Martin MacLean, James Pitchford, Juliet Redhouse, Michael Stott, Craig Titmus, Andrew White, and Consultant Partner Jane Clark.

Read the article here

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