Case Law

Since the U.S. Supreme Court last year in Oil States rejected a constitutional challenge to the Patent Trial & Appeal Board’s authority to invalidate patents in post-grant reviews, patent owners in…

A further interesting decision handed down by the Judges of the English Patents Court prior to the Easter break was a judgment from Nugee J concerning proceedings between E. Mishan and Hozelock…

Ice cream shop franchisor showed that franchisee misappropriated a trade secret and that it would suffer irreparable harm absent a preliminary injunction. An ice cream parlor franchisor showed that…

In a patent infringement suit brought by Omega Patents against CalAmp Corp. alleging infringement of Omega’s U.S. Patent Nos. 6,346,876 (’876 patent), 6,756,885 (’885 patent), 7,671,727 (’727 patent)…

Last week the Board of Appeal issued a decision holding that Google’s patent application 04784004.6 was unallowable on the ground of lack of inventive step. Amongst other things, the decision…

A recently published Decision of 9 November 2018 from Barcelona Commercial Court number 5 sheds some light on the indicia that may or may not be sufficient for the purposes of ordering a preliminary…

The Higher Regional Court of Vienna confirmed the three-factor Bicalutamid/Schneidmesser Test, holding that a variant is equivalent to an invention for the purposes of infringement if the following…

A new trial was granted so a manufacturer accused of infringing the patent can challenge its validity by presenting additional obviousness theories that the district court should not have disallowed…

The Court concluded that the compound darunavir was not protected by a patent within the sense of Art. 3 of the SPC directive because, following the CJEU decision in Teva v Gilead, it is necessary…