Acting for Conor Medsystems Inc, Simmons partner, Rowan Freeland, learned on 16 January that he and his assistant, Paul Inman, had successfully upheld a High Court ruling revoking an Angiotech patent for a drug-coated medical stent. Freeland and Inman had contended that the UK portion of Angiotech’s patent infringed upon a similar device by Conor. The stent is designed to be fitted within a patient’s vascular system, where it releases therapeutic drugs for the treatment of heart disease.
On 23 January, Will Cook, assisted by Sara de Sousa, validated Ferag AG’s patent for a print-finishing system designed to cut newspapers and magazines. The Appeal Court found that Ferag’s system – involving multiple knives working to keep pace with printing and binding machines – had been infringed by Muller Martini’s NewsTrim device. Lords Justices Mummery, Tuckey and Jacob ruled that Ferag’s innovation was neither obvious, nor anticipated by prior art, which had featured single-knife methods. Overturning a Patent Court ruling of 22 February last year, their verdict stated: ‘…the person skilled in the art would need a lot of hindsight to start from the prior art and make such variations as would bring it within [Ferag’s claims].’
Simmons & Simmons IP practice chief, Richard Binns, said: ‘Investment in research and development across all industry sectors can only mean that patent litigation and regulation will become more significant as competition increases.’
