Case Law

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…

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…