In my earlier posts (here and here) I reported and commented on the first two phases of the Italian Pfizer antitrust case, in which the Italian Antitrust Authority (IAA) accused Pfizer of having…
If the patentee has granted an exclusive license after filing an infringement action, an exclusive licensee is (in part) a legal successor of the patentee. Therefore, as long as the patentee's claims…
In its recent decision “Fräsverfahren” [Milling Method] of 7 May 2013 (Docket X ZR 69/11), the FCJ eased the conditions regarding a claiming of damages with regard to indirect patent infringement and…
Jurisdiction at the place where the harmful event occurred or may occur pursuant to Article 5 (3) of Regulation EC/44/2001 can be established in a negative declaratory action even though this action…
The Stockholm District Court held the Swedish part of a European patent concerning a method of growing two or more plants invalid, due to lack of inventive step. Despite requests for limitations by…
The FCJ decided in the recently published decision “Wundverband” [Wound Dressing] “Moelnlycke Health Care v. BSN Medical” (docket X ZR 70/12) on 19 February 2013 that if patentee has granted an…
The PI judge in the District Court of The Hague held that under certain circumstances, provisional cross-border jurisdiction can be derived from art. 31 Regulation (EC) 44/2001, which would require a…
The Court of Appeal held that the duty to compensate the successful party's legal costs in intellectual property proceedings, pursuant to Art. 14 of the Enforcement directive, also applies to…
In its “Leflunomid” decision of 24 July 2012 (Case X ZR 126/09), the FCJ declared a patent claim to be invalid which covered a combination of leflunomide and teriflunomide, on the grounds that it had…
