The so-called "person skilled in the art" is a fictitious character in charge of, among other functions, assessing whether or not an invention is obvious with respect to the state of the art. For the…
The Court of Appeal allowed Virgin's appeal and overturned the decision of the High Court which had granted Delta's application for summary judgment on the basis that it was wrong to say Virgin had…
The Supreme Court held that the US doctrine of file wrapper estoppel is not applicable under the EPC. According to the Court only Article 69 of the EPC and the Protocol on its interpretation should…
On 2 March 2011 the Barcelona Court of Appeal handed down a judgment reversing a decision from Commercial Court n.4 of Barcelona, which rejected the patent owners' 'lis pendens' defence against a…
The Court held that in order to decide that a patented invention is novel, it is not sufficient that the wording in the patent description is different from the wording in the prior art. The…
The Court addresses the issue of how to deal with a feature of a patent claim that was not originally disclosed, but the deletion of which would lead to a broadening of the scope of the claim and…
The patentee (Claimant) filed a request for an interim injunction against the Defendant, ordering it to stop using the patented method, stop selling or importing Valsacor film coated tablets or any…
In a judgment issued on September 28, 2010, the Court of First Instance of Paris held that a dosage regime is effectively a method of treatment and is, as such, excluded from patentability in view of…
If a party decides to participate in another party's challenge to a patent so it may share in the benefits of a victory, it may well be ordered to share the costs burden of losing. Actavis was…
