A patent that is limited during the course of the proceedings (even after the pleadings) is held to have been so limited ab initio if the limitation is duly registered.
When a European patent is…
The Court held that a selection invention is inventive if the compound of the selection offers surprisingly advantageous or improved properties over the prior art compounds. These properties should…
Although at first instance the patent was found to lack inventive step without using the problem-and-solution approach, the use of the PSA by the Court of Appeal did not make a difference to the…
The Court held that the CJEU decision in the Bericarp case, where it was decided that for invalidity procedures no reimbursement of full litigation costs applies, did apply to invalidity proceedings…
The Court concluded that the compound darunavir was not protected by a patent within the sense of Art. 3 of the SPC directive because, following the CJEU decision in Teva v Gilead, it is necessary…
Access to seized goods and data should be denied in preliminary proceedings if the seized material contains trade secrets and there is a serious chance that the patent will be held invalid.
Case date…
Relevant prior art may prove not to be useful as a starting point for an attack on inventive step if the prior art teaching is negated by later studies before the effective date of the patent claims…
In preliminary proceedings, the risk that a company will potentially suffer greatly as a result of the decision is a factor that has to be taken into account by the court.
Case date: 28 December 2018…
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