In appeal proceedings against a granted ex parte injunction, the Court of Appeal considered that the test whether there is an imminent threat of infringement must be based on objective criteria…
Claim 1 of the opposed patent had a limitation to a range of values with a lower bound that was slightly higher than disclosed in the priority document. The Board refused to recognize priority. As…
The European Court of Justice held that Article 9 of the Biotech Directive (98/44/EC) does not confer patent protection to genetic information that does not (anymore) perform its function for which…
The German Federal Court of Justice decided that a method concerning the dynamic document generation of structured documents in a client-server-environment, which is implemented by software, was not…
This matter concerns levocetirizine, which is an enantiomer of cetirizine. The Court held that, at the priority date, it would have been obvious to the skilled person to check whether levocetirizine …
In this case the Court of Appeal of Lyon affirmed the first French judgement granting an interlocutory injunction to prevent imminent infringement of a patent. The President of the First Instance…
The German Federal Court of Justice has maintained Microsoft's patent relating to alternative handling of short and long filenames. In the first instance, the Federal Patent Court considered the…
The G3/08 opinion concerns the long-awaited view of the Enlarged Board of Appeal (EBoA) on the patentability of computer programs. The EBoA examined various issues regarding Article 112(1)(b) EPC…
The Board considered whether the introduction of the EPC 2000 raised the requirements for a notice of appeal to be admissible. Rule 99(1)(c) EPC 2000 requires that the notice of appeal contains 'a…