Patent trolls, also called "non-practicing entities" ("NPE"), a rather more elegant name, have become a serious threat to the patent system, particularly in the IT arena in the United States ("U.S.")…
When a preliminary injunction is lifted, the debate arises regarding the amount of damages that the company affected by the preliminary injunction may claim against the applicant. A recent judgment…
One of the remedies introduced by Directive EC 2004/48, of 29 April 2004, was preliminary injunctions aimed at prohibiting acts of infringement when there are indicia indicating that an act of…
On 16 April 2013 the European Court of Justice ("ECJ") handed down a judgment dismissing the nullity actions filed by Spain and Italy against Council Decision 2011/167/EU, of 10 March 2011, whereby…
One of the topics hotly discussed within the intellectual property family over the last few years is whether or not "transit" is an act of infringement. Since, unlike patent law, trademark law is…
Spain adopted the optional clause in Article 65 of the EPC, which requires a translation of the patent filed with the national patent office within 3 months of publication of the patent by EPO. The…
The complexities of European patent architecture raise a number of issues relating to the interface between opposition proceedings before the European Patent Office ("EPO") and infringement…
As the readers are well aware, quite often patented products are not necessarily marketed (or only marketed) by the patent owner. It is usual for patent owners to market their products through their…
On 5 December 2012, the Civil Chamber of the Supreme Court handed down an interesting judgment confirming that the non-discrimination principle enshrined in articles 27.1 and 70 of TRIPS trumps any…
