Case Law

For establishing inventive step it is not necessary that the prior art contains a pointer for combination, only that in the relevant prior art an incentive was present to combine the prior art. Case…

Regardless of whether someone intends to enforce their own supplementary protection certificate (SPC) or finds themself at the receiving end of an SPC infringement action, the question which grounds…

The U.S. Court of Appeals for the Federal Circuit has denied attorney fees to a medical device manufacturer in a dispute relating to an expandable surgical reamer patent, ruling that the district…

Applying the so-called 'Actavis Questions' (further to the Supreme Court decision in Actavis v Eli Lilly), the Court of Appeal reached a different conclusion from the Patents Court on the issue of…

The Barcelona patent courts have provided further guidance on preliminary injunctions within the context of trade fairs, where the standard of evidence is higher than usual. Indirect evidence, such…

The judgment addresses the question of the scope of the co-inventors' right to obtain a patent, prior to the grant of the patent. The Supreme Court presented the view that the substance of the co…

In light of the Teva/Gilead-judgment handed down on 25 July 2018 by the CJEU (C-121/17) as well as the latest referral from the German Federal Patent Court dated 17 October 2017 in re Sitagliptin III…

The U.S. Court of Appeals for the Federal Circuit has affirmed a $139.8 million jury verdict in favor of Sprint Communications against Time Warner for infringement of five Sprint patents related to…

The Court of Appeal overturned the Patent Court's first instance decision concerning the validity of one of ICOS’s patents (licensed to Eli Lilly) covering a 1 to 5mg dosage form of tadalafil (Cialis…