The debate over standard-essential patents (SEPs) is typically distinguished as much by concerns over competition than issues of patent law per se. Erixon argues: ‘…SEP disputes are less concerned…
In a thorough decision, Barcelona Commercial Court (Section 15) clarifies important findings on novelty, inventive step and claim construction. A technical feature disclosed in the prior art will not…
Holding bench trial instead of jury trial deprived SEP owner Ericsson of Seventh Amendment rights because trial was held to determine compensatory relief for mobile device maker TCL’s past…
The appeal on a point of law, for which no leave was granted by the Federal Patent Court, was held admissible, because the grounds of appeal under §100 III 3 and 6 PatG were invoked. However, it was…
This decision is certainly worth reading if you deal with inventive step objections of the form “abstract algorithm implemented on a generic computer” or the like. The Board of Appeal provides a…
In the present preliminary case the consequence of the termination of the agreement between Medical Workshop and Sharpsight was that Medical Workshop was no longer able to use the name Invitria for…
Following the 2017 revamp of the Spanish patent system, only certain courts in Barcelona, Madrid and some other industrial hubs now have jurisdiction in patent matters. However, decisions from other…
In its latest ruling on FRAND and the Art. 102 TFEU defense, the OLG (Higher Regional Court) Karlsruhe put an emphasis on the ‘fairness’ of the licensing negotiation procedure and thus on the ‘F’…
Where an expression in a granted claim, taken literally and in isolation, would have the effect of excluding all of the disclosed embodiments from the scope of protection, but where a definition of…
