特許の異議申立及び不服申立

Represented Innovacell in opposition related to muscle derived cells.

Represented Innovacell in opposition related to the use of myoblasts for treating the urinary sphincter muscle.

Represented Innovacell in opposition related to the use of myoblasts for treating stress urinary incontinence.

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.

Defended three patents of a world-leading provider of cinema technology in opposition proceedings before the European Patent Office, including two appeals. Enforced the same three patents against a competitor and its German distributor in infringement lawsuits and related appeals.

Advised and represented a medical devices company as the plaintiff in infringement proceedings and together with a patent attorney in the defense in opposition proceedings before the European Patent Office (EPO).