Trapped (Blood Claim)

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Current practice is to, however, allow a limited number of comments that contravene this policy, provided that the comment has a high degree of relevance and the comment chain does not become too difficult to follow. The IPKat. Passionate about IP! Since June the IPKat has covered copyright, patent, trade mark, designs, info-tech, privacy and confidentiality issues from a mainly UK and European perspective.

Read, post comments and participate! Wilkof, and Merpel. E-mail the Kats here! There was one defendant and six claimants. Two of the claimants two Teva entities were represented by one legal team, while the other four claimants had another legal team. So in total there were three teams, each of a firm of solicitors, a QC except that all the claimants shared a single QC , and a further barrister. On the same day was issued a decision of Mr Justice Floyd.

This case had two claimants and one defendant, and again three legal teams, each of a firm of solicitors, a QC, and a further barrister. The London contentious legal profession has been heavily occupied with these two cases. That is why Regeneron and Bayer are the claimants, while the patentee is the defendant.

The decision itself is a moderately whopping paragraphs 56 pages in the formal version; 23 in the html version that the IPKat read, for some reason ending up in microscopic font size , but ends with the pleasingly brief and fully informative paragraph:. So what was it all about?


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The judgement is referred to by paragraph number. The patent had the following main claim [28]:.

On Trapped Air and Trapped Blood in Chronic Obstructive Pulmonary Disease

Upon seeing this claim, wherein both the medical indication to be treated and the proposed treatment are defined in broad functional terms and having sneaked a glance at the final result the IPKat was intrigued as to how Genentech possibly managed to navigate between the Scylla and Charybdis of inventive step and sufficiency. Somehow they did. Blood vessels comprise two main cellular components: the endothelium and the mural cells. The endothelium is a continuous, cylindrical layer of cells, called endothelial cells, which interface with blood in the vessel. Vasculogenesis is the formation of blood vessels from scratch.

Vasculogenesis primarily occurs during embryonic development of the circulatory system. Angiogenesis, or neo-vascularisation, on the other hand is the process of new blood vessel growth by endothelial cell proliferation and outgrowth from pre-existing vessels. In a number of normal physiological processes, such as wound healing and during the female reproductive cycle, new blood vessels are required to supply oxygen and nutrients to developing tissues.

In these processes new blood vessels are produced by angiogenesis from the existing vasculature. Excessive angiogenesis, on the other hand, is a contributing factor to the pathology of a number of diseases, including cancer. In cancer, tumour cells cause new blood vessels to be produced by angiogenesis in order to supply nutrients and oxygen to the tumour, enabling it to survive and grow. These new blood vessels also enable tumour cells to escape into the bloodstream and spread to other areas of the body in a process known as metastasis.

In diseases such as diabetic retinopathy and neovascular age-related macular degeneration, new blood vessels directly disrupt or interfere with the structure or normal function of other tissues. A large number of angiogenic growth factors had been shown to have activity in one or more assays by the filing date of the patent. Patentability []. The pleaded closest prior art was a paper by the inventors of the patent and co-workers entitled "The vascular endothelial growth factor proteins: identification of biologically relevant regions by neutralizing monoclonal antibodies" published in Growth Factors, ; 7 1 : "Kim ".

The inventive concept is the use of one of the specified VEGF antagonists in the treatment of a non-neoplastic disease characterised by undesired excessive neovascularisation. Floyd J accepted that, at the filing date, it was not known which, if any, of the many angiogenic growth factors represented a suitable target to achieve a therapeutic effect against pathological conditions involving neovascularisation.

So it was not known that VEGF was a suitable target. Therefore, he found the claims to be inventive as well as novel. Accolades in the literature were held to support this finding []. Sufficiency [ onwards]. This is a huge section of the judgement. Therefore, he considered that the invention fell within the class that, under Biogen, is entitled to be claimed broadly without thereby being insufficient.

In respect of classical insufficiency and considering specific diseases and disorders, Floyd J found that it was not proved by the claimants that there were medical conditions falling within the scope of the claim definition that were not treatable by the claimed antibodies or receptors. He further held that it was no barrier to sufficiency that developing a suitable treatment might take years, nor that it might involve invention — he accepted that VEGF Trap Eye was inventive.

Floyd J also rejected the submission that there was insufficiency by ambiguity, in that there was difficulty in determining what was a disease or disorder characterised by undesirable excessive neo-vascularisation. He considered that in the end the evidence did not support this. Accordingly, Floyd J rejected all of the insufficiency attacks. Infringement [].

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Put more simply, the product is part of a receptor for VEGF. Floyd J held that this was an infringement under c of the claim, even though it is not the complete VEGF receptor. The judgement is clear and the reasoning well explained. The IPKat expects that there will be an appeal, and looks forward to round 2. He is also left with the nagging feeling that, comprehensive as the judgement is, something has been left out. He thinks it might be a detailed analysis of whether the claimed monopoly is justified by the contribution to the art, which he suspects should be part of the final sanity check of such a considerable judgement.

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Any problems, please let the IPKat team know. When your children are at school, the school have a legal responsibility to ensure that they are cared for and kept safe from harm. Therefore, if your child has suffered a finger injury from their hand becoming trapped in a door at school then you can claim for compensation. This means either you can claim on their behalf, or the child can start their own claim for compensation as an adult.

If a work colleague has shut a door on your fingers or trapped your hand in a door hinge, then that accident cannot be deemed your fault. Even if your colleague did not intentionally mean to crush your fingers, you can still make a claim for compensation for a broken finger at work as your employer should have safety policies in place to prevent this type of accident. However, if your colleague intentionally crushed your fingers in a door whilst at work, you can still make a claim for compensation as this now falls under the category of criminal violence.

You can still make a claim, but it will be against your colleague rather than your employer. Trapping your fingers in a door may not sound like a very serious accident but it can actually result in some awful long-term consequences. Initial crushing injuries can result in broken bones which will take several months to heal properly.

As the hands and fingers are almost in constant motion, setting a broken bone in a finger perfectly straight is nearly impossible. A broken bone which does not mend perfectly can cause long-term problems such as decreased mobility and decreased range of motion. You may also experience pain in the injured finger which may be seasonal or constant, depending on the extent of the injury. Many people who have suffered broken fingers from crushing also report a loss of strength in their hand and their grip, even once the injury has healed.

On Trapped Air and Trapped Blood in Chronic Obstructive Pulmonary Disease

Crushing injuries from doors can also caused cuts and open wounds. In severe cases, parts of the finger can become severed when trapped in a door or hinge. Sometimes the severed part of the finger can be reattached if medical attention is sought quickly enough and if it is possible to reconnect the tissue. Even if the tip of the finger can be reattached, people may suffer loss of sensation in the finger tip as well as decreased movement in the affected finger.

Often, severed finger tips cannot be reattached and the injured party will have to suffer a deformed finger for life. Depending on how much of the finger was lost, this could have varied long term effects including pain, loss of strength in the hand and sometimes depression as a result of the injury. If a finger becomes crushed in a door and the pressure cannot be released immediately, then blood circulation to the finger can be affected.

In some accidents, the doors become stuck and the injured party has their finger crushed for a substantial period of time during which their finger is not receiving any blood flow. This can cause irreparable damage to the finger causing the tissue to die. In extreme cases such as this, the affected finger may need to be amputated if the tissue cannot be saved. Other crushing injuries can include damage to finger joint and the ligaments which run through the finger.

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A crushed joint may heal in a manner of different way, all of which are likely to cause the injured party pain and discomfort as well as reduced movement. Knuckles may become stiff or frozen resulting in the loss of use of that finger. Damaged ligaments can be extremely painful and also result in loss of movements and functionality of the finger. In almost all cases of finger injury, there are likely to be consequences that are felt for a long time by the injured part.

Many finger injuries will need surgery and physio in order to regain close to full movement and strength in the finger and hand. This can cause people to miss time from work and suffer a loss of earnings. A successful claim for compensation following a finger injury at work can give you the money you need to pay for the best medical treatment and it can also ease any financial worries caused by the loss of earnings.

If you have suffered an injury to your finger following them being caught or crushed in a shop door then you should be entitled to begin a claim for compensation. The shop and owner have a duty to ensure that their doors are safe for use by the public. They should have anti-slam mechanisms to ensure they do not shut unexpectedly and so if one of their doors have slammed shut on your fingers then you have the right to begin a claim for compensation. All shops should have their own public liability insurance and that insurer will be the one who pays out any compensation you are awarded.

Therefore, no matter how big or small the shop or franchise is, you can still make a claim in the knowledge that any compensation you are awarded will be paid out. Finger injury compensation amounts claimed for by those who have suffered a crush injury that was not their fault do depend on individual circumstance and the severity of the injury. You can include several different aspects in your compensation claim to cover a range of costs you may have incurred as a result of the accident and injury.

The first thing you can make a claim for it the injury itself. Usually, the more severe the injury the more compensation is likely to be paid out. You can also make a claim for any medical costs you incur as a result of the injury. For example, if the injury has meant that you need to seek the help of a private specialist in order for you to regain full movement and strength in your hand. If you seek private medical care when you could have been cared for on the NHS, then you may include it in your claim, but it may not always be paid out as it will be seen as your choice.

Lost tip of finger compensation may also be paid if you have had to pay to have surgical reconstruction on your finger following the accident. You may also include any other costs incurred as a result of the accident for medical treatment. If the accident was traumatizing and you have since had to pay for counselling or psychotherapy as a result, you may also include these costs in your claim for compensation. A common kind of compensation claimed for after a finger crush accident is loss of earnings.

If you have been forced to have time off work as a result of the accident and therefore, not been paid, you can claim monetary compensation as a result. Crushed fingers often take a long time to heal and you may find yourself with no more paid sick days. Financial strain caused by accidents at work is common and so you can claim this loss of earnings in your compensation suit.

As previously mentioned, every accident, injury and recovery is different. The amount of compensation you are likely to receive from a successful compensation claim will depend on a range of factors that you will include in your hand injury compensation amount. The most severe injuries and longest recovery times will usually result in a higher amount of compensation being awarded. While there is no definitive answer to how much is a finger worth in compensation, there are ball park figures that may give you a slightly better idea of how much your finger crush claim is likely to be worth.

There is quite a lot of scope when it comes to how much your claim for compensation might be worth. For a more accurate estimate of how much you can expect to receive in a successful compensation claim, why not take a look at the table below to give a clearer picture of your potential compensation amount.

Acknowledgment

Some people are put off trying to claim compensation for finger injuries as they are unsure of whether or not they have a case and the possibility of being left with a large legal bill should their claim be unsuccessful. The thought of any additional costs on top of costs incurred through their injury and the financial strain of any loss of earnings puts many people off even trying to gain the compensation which is so rightfully theirs. Claiming compensation on a no win, no fee basis means that there are no financial elements to worry about.


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  6. There is nothing to pay if you do not receive any compensation for your accident. The amount that your solicitor receives is usually agreed as a percentage before your claim is submitted so you are fully aware of how your solicitor will be paid. Essentially this means that you have nothing to lose by submitting a claim for compensation.

    If you are not successful, then you walk away not out of pocket at all. If you are successful however, you could greatly ease the financial burden the injury has caused you. Legal Expert can connect you to an experienced and highly qualified solicitor who specialized in finger crush injuries. Having someone in your corner who understands your injury in depth and has years of experience winning compensation amounts for clients in a similar position can greatly affect the outcome of your case. Legal Expert operate on a no win, no fee basis and so you can be assured that there are no hidden fees or costs you need to worry about.

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    If we are not successful in winning you a monetary compensation amount, then we will not charge you a penny. Your dedicated solicitor will discuss with you how their fees will be collected if your claim is awarded and will openly tell you how much of a percentage of your award amount will be taken in fees. We never ask for any upfront fees either.


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