Declaratory-judgment actions of non-infringement are common in patent litigation because it allows the alleged infringer to proactively bring suit to resolve the situation and eliminate the cloud of…
The Federal Supreme Court confirmed the Federal Patents Court's (FPC) Decision of 12 June 2018 in which the FPC decided that article 140k of the Swiss Patent Act lists in an exhaustive manner all…
On 12 February 2019, the influential Barcelona Court of Appeal (Section 15) issued an interesting judgment clarifying the role played by a patent's drawings for the purpose of interpreting the scope…
The holder of a standard essential patent (SEP) should first notify the alleged infringer of the SEP, following which the alleged infringer should inform the patent holder of its willingness to take…
Regulatory Data Protection (RDP) issues are dealt with only by the Licensing Regulation of the Ministry of Health (MOH) of Turkey. In principle the relevant provision grants protection of data of…
The case at hand concerned an application by Pfizer for Arrow-declarations in relation to its proposed launch of its bevacizumab product (it will be branded “Zirabev”) for the treatment of various…
The Court of Appeal, overturning Birss J’s decision, decided that in the case of TQ Delta v ZyXEL, the answer was no.
The facts of the case leading to this decision are somewhat unusual. TQ Delta…
Among the flurry of pre-summer vacation judgments coming from the Patents Court is one from Mr Justice Birss (17 July 2019), concerning the validity of Hoffman-La Roche’s patent EP (UK) 2 007 809. EP…
The scope of a patent is to be interpreted according to Art. 69 EPC and the Protocol. If the literal text is limiting, the question is how the skilled person would understand this limitation. If the…
