On 12 July 2010 the Supreme Court handed down a long-waited judgment, dismissing a complaint filed by a manufacturer of generic medicaments against a patent owner that had threatened more than one…
One of the topics that have kept our Courts busy over the last few years relates to which test should be applied to judge "equivalence". Whereas the U.S.'s "same function-same way-same result" test…
The entry into force of the EPC 2000 on 13 December 2007 presented, for the first time in Spain, the possibility of amending claims in legal proceedings followed before national Courts where the…
One of the most contentious points discussed before Spanish Courts over the last few years is the question of whether or not Courts should examine the validity of the patent when this has been raised…
In appeal proceedings against a granted ex parte injunction, the Court of Appeal considered that the test whether there is an imminent threat of infringement must be based on objective criteria…
After the implementation of the "Bolar provision", introduced into Spanish law through Directive 2004/27, the Courts of Appeal of Navarra, Madrid and Barcelona decided that the new provision should…
According to Article 61.2 of the Spanish Patent Act "where a patent concerns a process for the manufacture of new products or substances, unless there is proof to the contrary, it shall be presumed…
One of the first questions that arise when a patentee is considering embarking on patent litigation is "Where should I sue?". The answer to this question depends on a variety of factors, such as the…
The possibility of enforcing, in Spain, the non-translated claims of a European patent is one of the issues dealt with by the Barcelona Court of Appeal in its recent Ruling dated 15 April 2010.
In…
