In relation to a dispute concerning the novelty of one invention, the Court held that testing a new product in a special laboratory under contract is not public as such. The testing process and its…
The court upheld the decision that the patent applications in question had been appropriately considered and that the examiner had established that there were formal reasons for refusing the patent…
On 25 January 2017, the CJEU handed down a very interesting judgment in case C-367/15, concluding that Article 13 of Directive EC 2004/48 (better known as "the Enforcement Directive") does not…
In this case the FCJ expanded on earlier case law regarding claim construction, in particular how a term used in the claim language should be interpreted in light of the specification and the entire…
The Board of Appeal decided that the invention was not sufficiently disclosed, as no seeds had been deposited and a skilled person could not obtain the claimed plants on the basis of the information…
In this case the FCJ dealt with the prerequisites for equivalent infringement. In particular it gave further guidance in relation to the so-called “3rd Schneidmesser question” which concerns the…
A federal district court erred in ruling that 34 claims of a patent on a system and method of using a graphical indicator were invalid as indefinite, the U.S. Court of Appeals for the Federal Circuit…
Although it did not admit a broader claim 1, an EPO board of appeal allowed an auxiliary request wherein claim 1 as granted was replaced by a combination of independent claims from different first…
by Steven Willis
Yesterday, the Patents Court handed down yet another decision in the Sisyphean pregablin litigation, this time refusing Sandoz’ application to vary the Order for Injunction which…
