Case Law

Barcelona Commercial Court no. 5 handed down a judgment quashing the claimant's DNI action without ruling on the merits of (non-)infringement. The Court found that the claimant had standing to file…

Upon reading the title of this blog entry, readers may be wondering what the "ex re ipsa" doctrine involves. It therefore may be worth clarifying that it is a legal doctrine applied, for example, to…

Nullity Plaintiff still has a need for legal relief even after expiry of the patent as long as Patentee has not given up claims against customers of Plaintiff. A conventional personal computer with…

Following the Court of Appeal's decision that two of Regeneron's patents were valid and infringed, it refused to grant Kymab permission to appeal to the Supreme Court, but held that the injunction…

The Federal Court of Justice held that in utility model registration proceedings, the utility model department must examine whether one of the grounds for refusal listed in Sec. 2 Utility Model Law…

The U.S. Court of Appeals for the Federal Circuit has granted BioDelivery Sciences International, Inc.’s motion to remand to the Patent Trial and Appeal Board a consolidated appeal of the Board’s…

The Court of Appeal overturned the Patents Court decision to strike out Glaxo Group’s (GSK’s) claim for an Arrow declaration in proceedings concerning a number of patents relating to dry powder…

The FCJ confirmed that the cited prior art should, generally, provide concrete suggestions, hints or at least provide other reasons beyond the recognisability of the technical problem to seek the…

The Court ordered a twelve month stay of the injunction granted when it found one of Boston’s patents concerning a transcatheter heart valve (THV) valid and infringed by Edwards’ medical device, in…