Case Law

902 articles available

Most readers will be aware of the so-called "all elements" test, whereby patent infringement is normally discarded unless the allegedly infringing device or process reproduces each and every element…

On April 3, 2017, the latest decision was handed down in the patent revocation battle between medical device manufacturer Nouvag and Jean Malak, a plastic surgeon specialized in liposuction. This…

To the extent that the Patent Trial and Appeal Board did not provide an explanation for its obviousness rejection of 13 claims of a Securus patent on a system and method for reviewing monitored…

An EPO board of appeal expressed its opinion that EBA case law implied that no further use should be made of the three-part “essentiality test” of T 331/87, for deciding whether removal of a feature…

In this case, the Federal Court of Justice considered the value of a secondary indicium for a decision on inventive step. The FCJ confirmed that if an invention differs from the decades-old general…

A board of appeal of the European patent office held that a decision to reject an opposition with grounds based on an improperly corrected version of the patent as granted maintains the text used in…

Given the furore surrounding Birss J’s decision on the non-technical issues in Unwired Planet v Huawei earlier this month, which included the first determination of FRAND terms by an English Court …

The federal district court in Tyler, Texas, correctly denied Core Wireless Licensing S.A.R.L.’s ("Core Wireless’s") motion for judgment as a matter of law that Apple infringed a claim of a Core…

by Nicholas Round At the start of this month, the UK Supreme Court took a break from its recent post-Brexit work interpreting (and developing) constitutional principles to hear an intellectual…