The creation of a Unified Patent Litigation System seems to have a lot of political momentum these days, with one proposal following the other at fairly short intervals. This blog discusses the…
When a party successfully asserted a claim for injunctive relief at court on the grounds of IP-right infringement, but the foreign defendant has no assets in Germany, the problem arises as to how the…
The case determined whether Abena A/S (hereinafter "Abena") waste bags with lace up sealing, which had a seam with curved corners in one side of the bag, infringed Etradan BS ApS´ (hereinafter …
The proprietor of a patent who has granted an exclusive license to a third party, has the right - in case of patent infringement - to assert its own claims against the infringer if said proprietor…
"Danger of delay" is not a requirement for the issuance of an ex parte inspection order. The inspection order need not to be filed immediately after the patent owner has acquired knowledge that the…
Although plans appear to be underway to establish a centralised enforcement court for patents in Denmark, the current position is that a patentee enforcing his or her rights, must turn to the local…
The gentle reader of this blog knows that on January 1, 2012 the new Federal Patent Court will take up work in Switzerland. As Switzerland's court of first instance in matters dealing with patents,…
On 24 May 2011, the European Commission published the "Proposal for a Regulation concerning customs enforcement of intellectual property rights" (SEC(2011)597 final) to replace the present Regulation…
The Danish Supreme Court upheld the Maritime and Commercial Court's decision revoking an injunction against Teva issued by the Danish High Court. The Supreme Court ruled that a condition for the…
