Recent IP Developments across Europe, China & Australia

Partners:

Bird & Bird

The webinar series bring together leading legal experts who will share the latest legal updates, decisions, and insights in live sessions over the week, ensuring you have the global perspective to stay ahead of the game.

Webinar Date: 21st November 2024 | 2:30 pm IST/9:00 am GMT

Agenda:

Europe: Recent Patent Litigation Developments 

Highlights of recent UPC decisions including:

• The importance of claim interpretation at the UPC (relevant for validity and infringement). Overview of UPC decisions concerning claim interpretation as well as considerations vis a vis claim interpretation at the EPO
• The standard for invalidity arguments at the UPC (added matter and inventive step)
• Obtaining an injunction at the UPC (what constitutes infringing acts)
• With specific attention to the pharma (Amgen v Sanofi), biotech (10xGenomics v Nanostring) and medical device (Dexcom v Abbott and Edwards v Meril) cases at the UPC

The European and UK Rivaroxaban decisions (and its differences)

China: A new kind of IP in Life Science – Trade Secret

Discussion on the growing importance of trade secrets in a patent-dominated field

• Implications for companies dealing with proprietary technologies
• Including the “Vanillin Case” and “Rubber Antioxidants Case”

Australia: Recent developments

Rivaroxaban: Full Federal Court decision –

• the requirement of establishing prior art would have been ascertained by PSA
• practical issues of briefing PSAs with searches
• unpacking the threshold of inventiveness from routine steps
• issue of proving chemical structure/identity of a NCE

Implications for Generic Competition from Rivaroxaban decision/impact on commercial settlements

Current case management approaches of Federal Court

Our Speakers:

Tjibbe Douma

Tjibbe Douma is a partner in the Intellectual Property Group based in Amsterdam, specializing in technology-related intellectual property, particularly patents and trade secrets. With extensive experience advising and litigating in sectors including life sciences, technology, communications, and energy, Tjibbe is recognized for their expertise in high-stakes, multi-jurisdictional patent disputes across national courts, the European Patent Office (EPO), and the Unified Patent Court (UPC).

As a registered UPC representative, Tjibbe is currently representing clients in five high-profile UPC cases across Europe including Dexcom in two proceedings against Abbott on continuous glucose monitoring devices, Maxeon Solar in a case against AIKO concerning solar panel technology, BSRP in a retail sector dispute with HL Display, and KPN in a mobile phone SEP case against Oppo.

Tjibbe’s work has earned recognition in prominent rankings, including Chambers Global & Europe and Legal 500, as well as the Client Choice Award for Intellectual Property – Patents in the Netherlands in 2020 and 2022.

Aden Chen

Aden Chen is a licensed patent lawyer in both the United States and China and a partner at Beijing Lawjay Partners, affiliated with Bird & Bird. Formerly, Mr. Chen led the China IP practice as a partner at Duane Morris’ Shanghai office and served as APAC IP Director and Global Litigation Counsel at AkzoNobel.

With over 25 years of expertise in IP and commercial law, Mr. Chen advises life sciences, biotech, medical devices, pharmaceuticals, and chemical companies on patent prosecution, R&D partnerships, tech transactions, and patent disputes. He also provides strategic support for trademarks, copyrights, trade secrets, and unfair competition, helping global brands expand their business. Additionally, he has advised IT and fintech companies on complex business transactions and regulatory matters, leveraging his deep understanding of corporate strategy to deliver solutions aligned with both short-term and long-term goals.

An expert in IP dispute resolution, Mr. Chen serves as an arbitrator for the Guangzhou Arbitration Commission and CIETAC. His extensive experience spans commercial litigation, administrative proceedings, and cross-border investigations. A recognized speaker at international legal forums, he is also the chief editor and a key author of New Trends of Intellectual Property Rights – Practices and Essentials, published by Peking University Press.

Jane Owen (jane.owen@twobirds.com)

Jane is a partner and head of Bird & Bird Intellectual Property Group in Sydney where she uses her deep-level experience of complex IP strategy and disputes to advise clients from a range of IP-rich industries.

She uses her industry and IP knowledge, to assist clients in structuring IP driven transactions, delivering practical, future-proof strategic advice and commercial documentation.

Before joining Bird & Bird in 2015, she was a partner at various law firms in Sydney. Today, she often presents on IP issues at continuing legal education and industry events.