The PI judge in the District Court of The Hague held that the processes used to manufacture the generic products in dispute did not fall within the invoked patents' scope of protection, and…
Syngenta Limited (hereinafter referred to as “Syngenta”), a company governed by the laws of England and Wales, is the holder of European patent No. 0 382 375 entitled “Fungicides”. On 28 September…
A composition obtainable on the market is at least not then novel if the composition can be analyzed and reproduced by a skilled person without undue burden. For this purpose, it is sufficient for a…
Article 123(3) EPC stipulates that a European patent may not be amended in such a way as to extend the protection it confers. A special case of extension of the protective scope may occur in claims…
The French saisie-contrefaçon is known to be an extremely powerful and effective tool to collect evidence of infringement of a patent (as of any other intellectual property right, see "Saisie…
The Supreme Court held that claiming priority of an earlier application requires a direct and unambiguous disclosure in the priority document of all features of the technical teaching as defined in…
On 15 January 2013, the French Cour de cassation, in the litigation between the Novartis companies and the Actavis companies about valsartan, drew the consequences of the 9 February 2012 order…
The Helsinki Court of Appeal granted Lundbeck preliminary relief against Sandoz. The Court held in the light of Article 34 TRIPS that in preliminary relief cases the standard of proof of infringement…
The Helsinki Court of Appeal found that ratiopharm had infringed Merck's supplementary protection certificate covering losartan. The Court applied the reversed burden of proof of the Patents Act,…
