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…
In a Judgment dated 12 June 2013, the Spanish Supreme Court confirmed that it was possible to discriminate between different objective technical problems within the same set of claims. Accordingly,…
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…
