Case Law

As published in previous blogs, on 1 April 2017 a new Patents Act came into force in Spain which has modernized Spanish patent law. For example, the new Law got rid of "non-examined" patents. As a…

Substantial evidence supported the Patent Trial and Appeal Board’s finding that an inter partes review petitioner failed to show that a patent owned by Thales Visionix—claiming a method for tracking…

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…