Miquel Montañá

A recent Ruling of 9 September 2016 from the Court of Appeal of Barcelona (Section 15) illustrates the risks of defendants taking a "wait and see" attitude in the context of proceedings aimed at…

According to Spanish law, the decisions handed down by the Spanish Patents and Trademarks Office ("SPTO") in relation to applications for Supplementary Protection Certificates ("SPCs") may be…

Earlier this year, the Commercial Courts of Barcelona published a decision which shows that patent owners cannot obtain "Diligencias para la comprobación de hechos" ("Proceedings for the Verification…

One of the possible methods to examine incentive activity is what is known as the "problem and solution approach" usually applied by the European Patent Office ("EPO"). Spanish Courts like this…

As readers know well, one of the issues carefully considered by courts around the world when examining inventive activity is the qualifications and experience of the experts designated by the parties…

As readers know well, over the last few years courts around Europe have handed down several ground-breaking decisions on the scope of "second medical use" claims and, in particular, the activities…

Last Friday Europe woke-up with the worst news since World War II, which could have far-reaching consequences not only for the economy, but also for the values that one would like to see prevailing…

The main requirements for applying for a preliminary injunction in Spain are "fumus boni iuris" (i.e., indicia of likelihood of success) and "periculum in mora" (i.e. danger in the delay). A recent…

In a recent judgment of 2 February 2016, the Barcelona Court of Appeal (Section 15) was called on to interpret the scope of protection of what are known as "product-by-process" claims. One of the…