Experience
BTG International, Ltd.
Chemische Fabrik Kreussler & Company GmbH
Finnegan represented BTG in defending its granted European patent in an appeal by Kreussler against the decision of the EPO to reject its opposition. The patent relates to BTG’s Varithena sclerotherapy foam product for treatment of varicose veins that has recently received regulatory approval in the U.S. During the opposition, we argued that the experimental evidence produced by Kreussler was deliberately misleading. We presented our own evidence showing why the experiments performed by Kreussler failed and how merely following the explicit teaching of the patent would avoid such failure. At appeal, Kreussler was limited to a single prior art document and only a subset of the granted claims was considered to be challenged. At the appeal hearing in surprisingly quick fashion, the EPO denied Kreussler’s grounds of appeal and maintained the patent in its granted form.
BTG International, Ltd. v. Chemische Fabrik Kreussler & Company GmbH, Appeal No. T1996/12-3.3.05, EPO
Finnegan client Capsugel prevails in one of the first U.S. post-grant proceedings
Capsugel Belgium NV
Finnegan prevails in U.S. trademark opposition for Emilio Pucci
Emilo Pucci International BV
BTG International Ltd.
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