Case Law

 G 1/24 has now been issued, and concludes “The description and any drawings are always referred to when interpreting the claims, and not just in the case of unclarity or ambiguity.” With this simple…

Maybe not all readers of this blog will know that there once was a “North German Confederation” which existed from July 1867 to December 1870, after which it became part of the newly to-be-founded…

One of the most highly debated issues at the UPC before its commencement was the question, how the UPC would deal with validity of patents – would it essentially take over the EPO’s course? Or would…

Decisions in patent ownership disputes are rare in Spain. The last significant one was the 2022 judgment from the Spanish Supreme Court in the "Ecoforest" case. Now, the Valencia Court of Appeal – a…

Standard Essential Patents (SEPs) are at the heart of global technology markets, particularly in 4G/5G communications. While SEPs ensure interoperability, they also raise significant licensing…

G 1/24 addresses the extent to which the description can be used to interpret the claims. As previously discussed, it looks set to be one of the most consequential EPO decisions of the decade. The…

Biogen has had mixed success in Europe in enforcing its patent on a second medical use of dimethylfumarate for the treatment of multiple sclerosis. In the present Dutch case, an attempt to obtain an…

It was within the discretion of the trial court to deny leave to amend a complaint because the proposed amendment, like the complaint it was intended to cure, failed to specifically identify the…

In this series, we will review the practice of the German Federal Court of Justice (Bundesgerichtshof or BGH, herein: FCJ) on key questions of patent law such as claim construction, added subject…