An amendment of independent patent claim 1 during prosecution introduced a new feature. According to the Examining Division this led to the combinations of features of dependent claims 2-4 to extend…
Jurisdiction at the place where the harmful event occurred or may occur pursuant to Article 5 (3) of Regulation EC/44/2001 can be established in a negative declaratory action even though this action…
There is insufficiency of disclosure if the skilled person must deliberately ignore a feature of the claim which is perfectly understandable per se in order to work the invention.
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The Stockholm District Court held the Swedish part of a European patent concerning a method of growing two or more plants invalid, due to lack of inventive step. Despite requests for limitations by…
In a combined patent infringement and nullity case, the Svea Court of Appeal upheld the validity of Roche Diagnostics' European patent as far as Sweden was concerned, but held, other than the…
The PI judge in the District Court of The Hague held that under certain circumstances, provisional cross-border jurisdiction can be derived from art. 31 Regulation (EC) 44/2001, which would require a…
The PI judge in the District Court of The Hague held that the processes used to manufacture the generic products in dispute did not fall within the invoked patents' scope of protection, and…
The Court of Appeal held that the duty to compensate the successful party's legal costs in intellectual property proceedings, pursuant to Art. 14 of the Enforcement directive, also applies to…
The Board of Appeal ruled that color figures contained in the application when filed could be used as a basis for amendments. The board had to deal with the problem that no original copy of the color…
