The Antwerp Commercial Court dismissed Merck's claim for injunctive relief against Teva, ruling that Teva's montelukast-based generic medicines do not infringe Merck's European patent (EP 0 737 186)…
The Commercial Court Number 4 of Barcelona found that although obtaining the price for generic versions of Calcium Atorvastatin by two Spanish companies from the Ministry of Health is not an act of…
In view of the need for a consistent approach to interpretation of Council Regulation (EEC) 1768/92, the Court of Appeal has referred to the European Court of Justice (ECJ) questions on the meaning…
In this patent case the Supreme Court of the Netherlands referred two prejudicial questions to the European Court of Justice. The first question relates to the interpretation of Article 1 of the…
In this judgment the Barcelona Court of Appeal concluded that any ‘preparatory acts’ (for example, submitting samples) conducted prior to the introduction in Spain of the ‘Bolar Clause’, as required…
This decision of the Board of Appeal covers two questions of interest: 1) May an Opposition Division include an obiter dictum in its decision? (The answer in this case is yes.) 2) To what extent is…
The District Court of The Hague finds that the generic products of the defendants fall under the scope of protection of both of Mundipharma's patents, which are related to controlled release…
The appellant in this case filed a statement of grounds against the decision of the examining division to refuse a patent application. For the main request this statement only stated that it was…
A claim violates Article 123(2) EPC when an added claim term has two reasonable interpretations, one of which violates article 123(2) EPC. An amendment selecting the interpretation that does not…
