Arbitration courts have competence to declare the invalidity of an allegedly infringed patent where the question is raised as an incidental defence. The decision only has inter partes effects.
A full…
The U.K. Patents Court has held Warner-Lambert's second medical use patent regarding the use of pregabalin for the treatment of pain invalid on the ground of insufficiency. Even if the patent were…
Although patentability is generally regarded as a question of law per se, the actual technical disclosure of a prior art example was seen as a question of fact and therefore a matter for the first…
The Bulgarian Patent Office refused to issue a patent for an invention claimed as a medical use because the subject matter constituted a method for treatment of the human body and therefore it was…
The Dutch part of EP 119 - allegedly essential to the UMTS standard - was found to be obvious over the latest draft of the UMTS standard pre-priority date read in conjunction with a document of a…
The Court of Appeal denied Actavis’ claim for declarations of non-infringement in respect of several national designations of Eli Lilly’s European Patent. Whilst agreeing with the High Court that the…
In a decision to refund an additional search fee, an EPO board rejected a determination of non-unity based on a priori technical differences, which determined different problems solved by different…
Obtaining an authorization to introduce generic medicaments into the market before the expiration of a patent as well as transferring the authorization to third parties does not infringe patent…
An EPO board considered the burden of proof of public prior use when the invention had been publicly visible only for a short period of time. The Board required proof beyond a reasonable doubt that a…
