Miquel Montañá

Over the last few years, Spanish Courts have struggled to resolve an avalanche of cases where the core of the discussion was the legal effects of TRIPS on the effects of the Reservation made by Spain…

The requisite of "imminence" introduced by Directive 2004/48/EC, coupled with the measures approved by the Ministry of Health to speed-up the administrative steps necessary to launch generics, has…

In a judgment handed down on 11 November 2011, the Spanish Supreme Court has rejected an appeal filed by four Spanish pharmaceutical companies against a judgment from the Court of Appeal of Barcelona…

On 6 October 2011, Commercial Court number 5 of Barcelona handed down a judgment that has revisited the fine border between the safe territory of so-called "preparatory acts" and the prohibited…

As the readers will know, the complex architecture of the European patent system allows third parties to challenge the validity of a patent by filing an opposition before the European Patent Office (…

The readers will recall that one of the requirements for obtaining preliminary injunctions introduced by Directive 2004/48 (the so-called "Enforcement Directive") is proving that there is an …

One of the possible courses of action open to patentees when they suspect that a competitor may be preparing the launch of a product that may infringe a patent in force is to send a warning letter…

After years of not having handed down judgments in patent cases, in recent months the Supreme Court has handed down several interesting judgments which will hopefully give more guidance to lower…

The Commercial Court of Granada has just handed down a Decision dated 6 July 2011 which, as far as the author is aware, has admitted for the first time a post-grant claim limitation under article 138…