Case Law

902 articles available

On 21 October 2016, the Federal Court of Australia handed down its judgment in the case of Apotex Pty Ltd v Warner-Lambert Company LLC (No 2) [2016] FCA 1238 (FCA Judgment).  Justice John Nicholas…

Introduction by Brian Cordery and Rik Lambers "As many readers will know, the English High Court ruled on a legal challenge as to whether the government could trigger Article 50 of the Lisbon Treaty…

by Steven Willis Yesterday, the Court of Appeal handed down its decision in Idenix v Gilead [2016] EWCA Civ 1089, a dispute involving SOVALDI® (sofosbuvir), which is sold by Gilead as a treatment for…

In this case the FCJ expanded on earlier case law regarding claim construction and in particular on the issue of whether a certain embodiment would fall within the scope of protection by way of…

A district court did not err in dismissing an inventor’s claim that CBS Corporation, its CBS Interactive subsidiary, and "others under the control or direction of an independent contractor" hired by…

An EPO board held that, during opposition proceedings, copies of complaints about file specific issues sent by a party to EPO departments other than the opposition division, as well as the responses…

Earlier this year, the Commercial Courts of Barcelona published a decision which shows that patent owners cannot obtain "Diligencias para la comprobación de hechos" ("Proceedings for the Verification…

A federal district court did not err in finding that a "cow monitoring system" developed by Netherlands-based Agis Automatisering did not infringe the "rumination" and "estrus" patents held by…

A technical teaching making use of a discovery, e.g. of a natural law, for achieving a particular result is patent-eligible, irrespective of whether or not it has an “inventive excess” beyond the…