In recent years, the Commercial Courts of Barcelona have been called on to decide whether a claim depicting a Markush formula that did not show the stereochemistry of the compound protects only the…
On 10 February 2012 the Spanish Court handed down a judgment where it accepted for the first time the concept of a "springboard" injunction as a remedy aimed at curing acts of infringement carried…
Last December, the negotiations relating to the future creation of a Patent Court for the European Union ("EU") collapsed as a consequence of the failure on the part of Germany, the United Kingdom…
There seems to be ample consensus in that Justice is better administered by specialised Judges than by non-specialised Judges. With this view in mind, in 1993 the Barcelona Court of Appeal took a…
The recent judgment from the ECJ of 24 November 2011 in case C-322/10 ("Medeva") has surprised the patent community, since the ECJ appears to have changed the view expressed in its judgment of 16…
The Supreme Court dismissed an appeal , dismissing a revocation action against the patent in suit, which protected the calcium salt of atorvastatin. The Supreme court held that (i) the Bolar…
By Miquel Montañá
In year 2021, Italy will celebrate the 600th anniversary of the patent granted by the Republic of Florence to Filippo Brunelleschi for his ship "Il Badalone", the first patent ever…
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…
