The Regional Court in Dusseldorf and the Higher Regional Court in Gdansk have ruled in June and July 2012 that the Bolar exemption and the experimental-use exemption only apply to the testing entity…
The interesting six-jurisdiction patent case between two of the world’s leading enzyme manufacturers, the Danish companies Danisco A/S (now part of DuPont) and Novozymes A/S has already been subject…
With its decision of 12 July 2012, Case C-616/10 - Solvay on the interpretation of Articles 6(1), 22 (4) and 31 of Regulation (EC) No. 44/2001 (Brussels I Regulation, "BR") the European Court of…
In the decision T 1621/09 of the Boards of Appeal of the EPO the question arose whether the appellant’s new argument amounts to an amended case within the meaning of the RPBA (Rules of Procedure of…
The Higher Regional Court Dusseldorf decided on 26 April 2012 (docket I-2 U 18/12) that the admissibility (under Article 27 BR) of exclusive licensee’s patent infringement action despite pending NDA…
Lawsuits surrounding Leo Pharmaceuticals’ patent EP0679154 directed to calcipotriol monohydrate have been on-going in various European states since 2008. Calcipotriol is a vitamin D3 derivative with…
Fairly recent case law of the EPO suggests that the concept of individualized disclosure may reach further than many people think. This can have severe implications for the validity of patents and…
At the beginning of this year, the German Federal Court of Justice (“FCJ”) rendered in “Tintenpatrone II” (“Ink Cartridge II”) (Docket No. X ZR 94/10) a decision of interest concerning the relation…
As in other jurisdictions, German Courts try to determine whether an invention is patentable over the prior art by looking at it through the eyes of the notional skilled person at the effective…
