The Board of Appeal used its discretionary power to declare inadmissible an appeal based on the claims as granted after the proprietor had only defended amended claims before the opposition division…
The Court of Appeal of Burgos dismissed the appeal against the Judgment of the Provincial Court of Burgos, which upheld a patent for a pharmaceutical composition and its use, despite the fact that…
(1) If a plaintiff can prove there was an “offering” of means for the patented purposes, it can be assumed that the means were also delivered for those purposes, and that therefore the plaintiff has…
The French Supreme Court condemned a patentee’s undue use of an evidentiary measure (infringement seizure, "saisie-contrefaçon") as a way to obtain information from a competitor, specifically…
The Board vacated reversed a decision that deletion of drawings amounted to an extension of protection. The opposition Opposition division Division had revoked the patent with the argument that the…
If the patentee has granted an exclusive license after filing an infringement action, an exclusive licensee is (in part) a legal successor of the patentee. Therefore, as long as the patentee's claims…
The Board observed that it could not be understood that the "technical relevance" criterion, proposed by another board in T 1906/11 for judging extension of subject matter, defines a new standard for…
The Board of Appeal accepted that filing of a criminal complaint for patent infringement could meet the EPC condition of Art. 105 EPC, for intervention that 'proceedings for infringement´ have been…
The Federal Court of Justice held that under the specific circumstances of the case it was likely that a service manual regarding flow meter technology had been available to third parties. The Court…
