Case Law

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…

Patent-owner Inventor Holdings, LLC, was properly ordered by the federal district court in Wilmington, Delaware, to pay attorney fees and costs incurred by retailer Bed Bath & Beyond in successfully…

Few would dispute that the Actavis v Eli Lilly decision from the Supreme Court in July 2017 represented - for better or for worse - a major change to the scope of protection of patents in the UK…

The Federal Court of Justice held in the present case that it was not relevant whether it is possible to escape a declaration of nullity due to added matter under certain circumstances, as recently…

This case concerns the relationship between two co-owners of a patent and in particular the issue of whether and under what conditions one co-owner can claim compensation in respect of the use of the…

In a lengthy obiter dicta, the Barcelona Court of Appeal seems to depart from a longstanding assumption of Spanish law: that the mere continuance of the infringement (i.e. the presence of the…

The “representative” registered with the Swiss Patent Register for the Swiss part of a European patent does not constitute a legal representative within the meaning of the Code of Civil Procedure…

The federal district court in Wilmington, Delaware, did not err in finding that several claims of a patent for preparing a stable formulation of the antibiotic compound ertapenem owned by Merck Sharp…

During the past decade, Spanish courts have debated the impact of the TRIPS Agreement ("TRIPS") on patents the applications of which were filed before 7 October 1992, that is, before Spain's…