Case Law

903 articles available

Competence of the Dutch courts is determined solely based on facts furnished by plaintiff. Jurisdiction for patent entitlement claims is governed by the Protocol on Recognition to the EPC, not by the…

Conflicts between patents and generic medicaments are mandatorily solved by arbitration. Requests of authorization to introduce generic medicaments in the market (AIM) are published by the Portuguese…

The statute which provides that holders of industrial property rights can resort only to arbitration instead of directly resorting to state courts concerning provisional or interim measures (Article…

When defining the technical problem underlying an invention, it may not simply be assumed that the person skilled in the art needed to address a particular problem. On the contrary, the technical…

(a) Advantages of the invention that have only become evident once the invention was made, and at which therefore the skilled person would not have directed his efforts to further develop the state…

In its decision 24 April 2015, the Borgarting Court of Appeal upheld a decision from the Oslo District Court revoking Genentech's Norwegian patent NO 323 557 (the '557-patent) which concerns…

Both parties’ patents in dispute relate to chemical compounds that are appropriate for use in pharmaceutical drugs, in particular for the treatment of flaviviridae infections such as hepatitis C…

An EPO board held that observations filed by third parties during inter parte appeal must be disregarded by the board, unless they concern amendments during opposition or appeal, in which case the…

In this judgment the Court of Appeals Düsseldorf held that the manifest preparation of a product for a specific use which is covered by a use claim can be seen in information on the packaging and in…