Two recent decisions in the UK and Australia in the long-running pregabalin litigations demonstrate the different approaches in these jurisdictions to determine if a patent specification has…
The EPO’s Problem-Solution-Approach is, on the face of it, simple and widely applied also in the national jurisprudence of the EPC member states. It starts with the determination of a “closest prior…
Relevant prior art may prove not to be useful as a starting point for an attack on inventive step if the prior art teaching is negated by later studies before the effective date of the patent claims…
The same claims a jury found mobile carrier Sprint liable of infringing were later held invalid under Section 101 by the Federal Circuit in an appeal brought by cell provider T-Mobile. The judgment…
In a summary assessment of costs, where the parties had drawn up and agreed costs budgets prior to trial, the Court confirmed that each phase of the budget was to be considered separately and two…
In preliminary proceedings, the risk that a company will potentially suffer greatly as a result of the decision is a factor that has to be taken into account by the court.
Case date: 28 December 2018…
This recent decision from an EPO Board of Appeal is a rather satisfying development in how patentability (especially novelty) of purity claims is assessed at the EPO. This case may be seen as…
AstraZeneca tried to enjoin Hexal from marketing its Fulvestrant-medicament in main proceedings (after already having failed in PI-proceedings) due to alleged patent infringement of AstraZeneca’s…
During the 2018 Mobile World Congress ("MWC"), Barcelona Commercial Court number 1 ordered a preliminary injunction preventing a company that was taking part in the Congress from continuing to market…
