Case Law

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…

In proceedings for provisional measures, the Applicant is required to provide cumulatively reasonable evidence to satisfy the Court with a sufficient degree of certainty that: (i) the Applicant is…

Today we are uncorking another bottle of the good stuff with yet another dispute in the winemaking space. A very thorough and well-written decision from the Valencia Court of Appeal in a non…

In July 2023, the Japanese electronics company Panasonic initiated a series of patent infringement and FRAND-related proceedings against several subsidiaries of the Chinese consumer electronics maker…

A case concerning an automated vinification system offers us a glimpse of that rare species of patent litigation: the declaratory non-infringement action. The case demonstrates the need to carefully…

UPC 252/2023 NanoString v Harvard ACT_551180/2023 (UPC_CFI_252/2023) The UPC’s Munich Central Division has recently issued its decision revoking Harvard’s EP 2794928 B1 (“the Patent”) in DE, NL, and…

After Novartis had obtained a preliminary injunction against Pharmathen, it observed that there were still infringing acts being performed. In the first instance, the provisions judge sided with…

When interpreting a patent claim, the person skilled in the art does not apply a philological understanding, but rather determines the technical meaning of the terms used with the aid of the…