The High Court considered the extent to which a claim for damages in a patent infringement case could be extended at the damages inquiry stage. It found that whilst it is just and convenient to…
Regarding the interpretation of "offering for the purpose" (of making, using etc.) in the sense of Article 53(1)(b) Dutch Patent Act, the Supreme Court held that offering has to be construed broadly…
The Board decided that the introduction of the Rules of Procedure of the Boards of Appeal (RPBA) overruled prior case law on admission of new arguments not included in the grounds of appeal, as…
The objection raised by the opponent that the protected subject matter of a divisional application extends beyond the content of the parent application does not represent a "fresh ground for…
The board addressed the public availability of publications on the internet, holding that direct and unambiguous access of a document should be possible in order to become state of the art. A mere…
The board clarified the non-public status of e-mail correspondence. The opponent asserted an e-mail from a third party to the opponent as part of the state of the art. It was not in dispute that both…
The Dutch Supreme Court held that Art. 69 EPC in conjunction with art. 1 Protocol for the application of Art. 69 EPC provides a guideline for the determination of the scope of protection. Other …
The Supreme Court held that Article 68 (3) IP Code relating to prior use, sets forth both a "quantitative" and a "qualitative" limit, in the sense that it "serves to identify the business behavior…
Regarding the gathering of evidence in French and foreign territories, the Paris Court of Appeal affirmed the appealed decision and acceded to defendant's reasoning in ruling that (i) the 'saisie…
