When this author published his blog of 27 June 2017, a reader kindly sent in a comment pointing out that as this author had not inserted the word "Spanish" before "Supreme Court", and the blog was…
One of the remedies established in case of patent infringement in the Spanish Patents Act that was in force until 31 March 2017 was "the publication of the judgment finding against the infringer of…
In relation to a patent that protected the interaction of a key and a cylinder in order to constitute a security locking system, the Barcelona Court of Appeal (Section 15) handed down a Judgment on…
No doubt, one of the patentability requirements which is more difficult to examine is inventive step. Unlike other requirements, which call for a more objective analysis, inventive activity requires…
Although the title of this blog will sound trite to many friends accustomed to arguing patent cases before the European Patent Office, it does not sound so trite when read against the background of…
One of the difficulties that patent owners sometimes encounter when they are planning to apply for a preliminary injunction is the dearth of evidence. A decision handed down on 23 February 2017 by…
On 24 November 2016, the Court of Appeal of Barcelona (Section 15) handed down a judgment in which it confirmed that "the interpretation of the scope of protection of a patent for the purposes of…
Most readers will be aware of the so-called "all elements" test, whereby patent infringement is normally discarded unless the allegedly infringing device or process reproduces each and every element…
In the past decade, a new character of the patent theatre has made inroads into the case law of some EU Member States, "imported" from the so-called "EPO case law". Its name is "plausibility".
The…
