Case Law

902 articles available

The Federal Court of Justice held that the defence of the patent in suit on the basis of claims filed only at the appeal stage as an auxiliary request can nevertheless be considered to be expedient…

The Federal Supreme Court confirmed the Federal Patent Court's three-step function, accessibility and equal value test to analyse infringement under the doctrine of equivalents. A full summary of…

The Patent Trial and Appeal Board did not err in finding that certain claims of Slot Speaker Technologies, Inc.’s sound reproduction system patent were invalid as obvious in light of prior art,…

The Court of Appeal dismissed Boehringer Ingelheim’s application for permission to appeal the first instance Patents Court decision that EP (UK) 1,379,220 lacked inventive step.  The Court of Appeal…

In this case the FCJ considered the question of when the enforcement of a judgment in an infringement action should be suspended in light of a decision of the Federal Patent Court in a parallel…

The Bulgarian Supreme Administrative Court upheld a first instance judgment annulling the decision of the Bulgarian Patent Office to refuse the grant of a supplementary protection certificate for a…

by Bernward Zollner for rospatt osten pross In a recent decision of 10 January 2017 (BGH X ZR 17/13) concerning a “Restitutionsklage” against a final patent infringement judgement of the Appeal Court…

Pharmaceuticals company Watson’s proposed generic version of competitor Shire’s brand-name mesalamine LIALDA® did not satisfy the requirements for a Markush group claimed by a Shire patent, the U.S…

Provisional measures, notably the interlocutory injunction provided for by Article 338-I of the Portuguese Code of Industrial Property, do not extend to the provisional protection of a European…