Case Law

902 articles available

On 24 November 2016, the Court of Appeal of Barcelona (Section 15) handed down a judgment in which it confirmed that "the interpretation of the scope of protection of a patent for the purposes of…

In a dispute between patent holder B/E Aerospace and C&D Zodiac that was instituted by C&D’s petition for inter partes review of B/E’s patent for saving space in airplanes, the Patent trail and…

For the first time, the Spanish Supreme Court made far-reaching observations on key issues of the assessment of inventive step and, in particular, on a) the reformulation of the "objective technical…

Beamocular brought proceedings against C-Rad, alleging that Beamocular had the superior right to an Invention made by K.M. who was at the time an employee of C-Rad. The Swedish Patent and Market…

In this case the Federal Court of Justice (FCJ) allowed a compulsory licence under a patent for a pharmaceutical active ingredient for the first time ever. The Court held that a public interest in…

Following inter partes review of several claims of a patent directed to a trigger/seal mechanism for a beverage container, the Patent Trial and Appeal Board properly applied the broadest reasonable…

For many years, Spanish Courts have considered the "problem & solution approach" developed by the European Patent Office ("EPO") to be a very useful tool for the purpose of trying to make an…

A judgment of 13 July 2017 from the Spanish Supreme Court (Civil Chamber) has highlighted the importance of taking the fine pencil when examining novelty. The decision stemmed from a judgment of 12…

The Patent Trial and Appeal Board’s construction of the term "body" disclosed in multiple claims of a downhole drilling tool patent has been reversed by the U.S. Court of Appeals for the Federal…