Articles

25 articles available

In a recent decision The Hague Court of Appeal mixes a cocktail of SPC case law of the Court of Justice of the European Union. The ingredients: 1/3 Sanofi, 1/3 Boehringer and 1/3 Gilead and a sniff…

The Hague courts are not reluctant to cross borders in patent litigation. The Dutch cross-border injunction is one (in)famous example. Maybe it’s the lack of mountains providing – on the spare sunny…

Second medical use cases have been making their way through patent courts around the world. In the Novartis / Sun litigation the Hague Court of Appeal (PI decision) and District Court (interlocutory…

In 2010 the EPO’s Enlarged Board of Appeal took the badge of Swiss type claims from patentees (G 02/08), and since then they cannot use it anymore. Six years later two cases on (infringement of)…

  Literature and litigation go hand in hand. My fellow contributors aptly illustrated this, their recent posts moving to the cadence of the language of Shakespeare and Montesquieu. To follow their…

Before diving into this year’s Oktoberfest with the Munich IP community, colleague contributor Thorsten Bausch summarized the German Federal Court of Justice’s case law of Summer 2014. As the days of…

At the Kluwer Patent Blog we keep our fingers on the pulse of patent litigation. With their trained fingertips our contributors measure the heart rate of new case law and developments from their…

SPC judgments galore in Luxembourg this morning. The Court of Justice of the European Union (CJEU) provided its judgments in the Eli Lilly case (C‑493/12), in the Actavis case (C‑443/12), and in the…

This Summer we asked for your participation in a poll on the option to bifurcate under the Unified Patent Court (‘UPC’) and the implications this may have for litigation by Non Practicing Entities (…