The Court of Appeal held that while structural approaches for determining obviousness (with reference to the Pozzoli test), are useful, the importance of the statutory test cannot be undermined. The…
The Court of Appeal of Liège confirmed the President of the Commercial Court's finding that the appellant had committed patent infringement, and ordered the reimbursement of costs of the saisie…
The Supreme Court held that claiming priority of an earlier application requires a direct and unambiguous disclosure in the priority document of all features of the technical teaching as defined in…
In an appeal against a decision by the Opposition Division to maintain the patent in amended form, the Board ordered the representative of the opponent to file an authorization. The representative…
The Helsinki Court of Appeal granted Lundbeck preliminary relief against Sandoz. The Court held in the light of Article 34 TRIPS that in preliminary relief cases the standard of proof of infringement…
The Helsinki Court of Appeal found that ratiopharm had infringed Merck's supplementary protection certificate covering losartan. The Court applied the reversed burden of proof of the Patents Act,…
The Federal Court of Justice held that the meaning of a patent claim as a whole and the contribution of the single features to the result of the invention must be assessed in nullity proceedings. It…
The Court held that the marketing of coffee capsules suitable for a Nespresso machine does not infringe the patent on an extraction system for the coffee capsules. Instead, the user of the machine is…
The uninterrupted transit of goods designated with a trademark that is protected in Germany does not constitute an infringement of the trademark right according to German law. Should the trademark be…
