A patent can be re-assigned to the legitimate rights holder based on a claim of entitlement under Article 118 Italian IP Code, even when the patented subject matter differs from the invention made by…
If the patent provides a multi-level method to be applied in more than one production entity (here: the preparation of sausage casing as endless rolls and their automatic filling at the sausage…
If replacement of a worn-out component during the lifespan of a patented combination product is expected in the relevant trade circles, this will form part of the intended and thus admissible use,…
The amount of its profit the infringer will have to pay to the patentee as damages is calculated solely based on the profit earned by use of the intellectual property right. To determine this profit…
Applying a purposive construction of the claims the Court found no infringement similar to the conclusion in prior parallel proceedings between the parties in the Netherlands, Germany and the United…
The Court cited the parallel proceedings between the parties in the United Kingdom, where the approach of the EPO Board of Appeal in T331/87 Houdaille/Removal of Feature [1991] EPOR 194 was applied,…
The Court of Appeal held that Roche c.s. infringed the patent. Test results regarding the allegedly infringing product were admitted as evidence because Roche's arguments were held insufficient to…
The Court of Appeal partially reversed the Brussels Commercial Court's decision invalidating Lundbeck's SPC for escitalopram, to the extent that it had immediate effect.
A summary of this case will…
The Brussels Court of Appeal issued a preliminary injunction against Eurogenerics on the basis of Lundbeck's Belgian SPC for escitalopram, despite the fact that the SPC had been invalidated in…
