International Patent Litigation - Advanced Bionics v MED-El
Author Thomas Woolner Source Wikimedia Jane Lambert Patents Court (Mr Justice Mellor) Advanced Bionics AG and another v MED-El Elektromedizinische Gerate GmbH [2021] EWHC 2415 (Pat) (31 Aug 2021) In International Patent Litigation - Abbott Laboratories Ltd v Dexcom Inc . 3 March 2022 I discussed the so-called German "injunction gap" and an application to expedite the trial of a revocation action in England in an attempt to beat it. In Abbott Laboratories Ltd v Dexcom Incorporated [2021] EWHC 2246 (Pat) (6 Aug 2021) the application for expedition was refused. In Advanced Bionics AG and another v MED-El Elektromedizinische Gerate GmbH [2021] EWHC 2415 (Pat) (31 Aug 2021), a similar application to the same judge succeeded. In my case note on Abbott I wrote: "In Germany, unlike the United Kingdom, it is not possible to challenge the validity of a patent in infringement proceedings. Alleged infringers who wish to challenge the valid...