Case Law

In a recent judgment rendered by the Danish Maritime and Commercial Court between Coloplast A/S (Coloplast) and Hollister Incorporated (Hollister), the Court considered whether or not Coloplast was…

In a lawsuit involving the alleged infringement of an Exmark patent that described a lawn mower with improved flow-control baffles, a federal district court erroneously based its summary judgment…

The Supreme Court upheld the decision of the First Instance Court that the defendant had been using oval-shaped signs that fell within the scope of the patent since 2008, without the consent of the…

In a long-awaited judgment, the Spanish Supreme Court has clarified the application of the TRIPS agreement to patent applications affected by the Spanish reservation to the EPC: Article 70.7 of TRIPS…

In our last blog (Will the Spanish Patent Office accept the modification of an SPC's term after the Incyte judgment?), published on 8 January 2018, we raised the question as to whether the Spanish…

There has been much excitement and comment amongst the UK patent profession following the Supreme Court’s decision in Actavis v Eli Lilly [2017] UKSC 48 (see previous comment here) on patent claim…

An EPO board of appeal observed that a careful opponent that is economically active in the same field as the patentee should search for internal evidence of public prior use before filing an…

The U.S. Court of Appeals for the Federal Circuit has affirmed the Patent Trial and Appeal Board’s rejection on inter partes review of 16 claims of a patent for a handheld universal tool for use with…

The Federal Court of Justice held that a patent application is to be rejected if its subject-matter extends beyond the content of the application as originally filed and if this deficiency has not…