One of the difficulties that patent owners sometimes encounter when they are planning to apply for a preliminary injunction is the dearth of evidence. A decision handed down on 23 February 2017 by…
In last month's blog about the recovery of legal costs in Belgian IP enforcement proceedings, it was announced that the Mons Court of Appeal would probably be the first Belgian court to hand down a…
On April 26 2017, the Eastern High Court of Denmark gave an interesting decision in a case between Orifarm Generics A/S and Novartis A/S, who is the holder of a patent and a number of utility models…
Since Warner-Lambert successfully defended its pregabalin patent and obtained injunctions against generic market entry in Apotex Pty Ltd v Warner-Lambert Company LLC (No 2) [2016] FCA 1238 (see our…
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…
The Patent Trial and Appeal Board erroneously construed the term "aseptic" in an inter partes review (IPR) of a patent for a method of aseptically bottling sterilized food, the U.S. Court of Appeals…
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…
