Case Law

A recurring topic of discussion in patent infringement proceedings in Spain is the degree of evidence required to prove the damage caused by acts of patent infringement. According to a line of case…

In a case concerning two patents in the field of underwater mine clearance, the Court of Appeal upheld the Patents Court's decision that claims 1 and 2 of the 576 Patent were invalid for obviousness,…

Over the last few years, highly detailed discussions on patent validity have been a staple of Spanish preliminary injunction proceedings. The influential Barcelona Court of Appeal now clarifies that,…

The U.S. Court of Appeals for the Federal Circuit has vacated and remanded a Patent Trial and Appeal Board decision that a reference guide qualified as a printed publication, in a case involving…

The Court of Appeal dismissed an appeal filed by Cubist against the Patents Court decision that one of its patents relating to antibiotic daptomycin was invalid for obviousness. The Court of Appeal…

The FCJ held that when inventive step is assessed, for each feature of the assessed claim which is not disclosed, i.e. directly and unambiguously derivable, to be considered obvious, an incentive for…

The Court of Appeal decided to stay appeal proceedings and refer a question to the CJEU concerning the circumstances in which an active ingredient that is a member of a class of compounds which fall…

The FCJ confirmed that, when formulating the problem as a starting point for assessing inventive step, it is not permissible to narrow the problem by referring to prior art not cited in the patent…

A catalog published at a trade conference by one of the inventors of U.S. Patent 8,714,977 (the "’977 patent) was publicly accessible to the dental industry in March 2003, and therefore was prior art…