The Federal Court of Justice held that claim construction has absolute priority before issues of invalidity, such as the inadmissible extension or issues of patentability of the subject matter, can…
The Supreme Court stated that decisions dismissing a request for a stay of proceedings that are within the discretion of the court can generally not be contested according to section 192(2) Austrian…
The Oslo District Court held that the climbing skin concept "Fisher Easy Skin" for ski-grip on a snow base launched by the defendants Finor AS and Fischer Sports GmbH (hereinafter jointly "Fisher"),…
A board of appeal of the European Patent Office held that a conditional request for oral proceedings filed with a notice of opposition remains effective after appeal and remittal to the opposition…
The assessment of inventive step is a legal assessment which can be reviewed by the Supreme Court through what is known as the "cassational appeal". The Supreme Court confirms the validity and…
In an appeal from an opposition decision that maintained the patent, an EPO board refused to admit an auxiliary request that had been filed by the proprietor during opposition and formally re-entered…
The Court held that a certain means does not relate to an essential element of the invention just because it is used for a step in the method preceding the patented steps of the method. Even where…
The District Court of The Hague invalidated two patents for a lack of inventive step. The patents claimed to solve two separate problems of a known production method for glatiramer acetate. The court…
In this case the FCJ discussed the criterion of “equivalence” for a non-literal infringement of a patent. The Court held that one has to assess all technical effects which have to be achieved with…
