Enforcement

According to the so-called “Duesseldorfer Besichtigungspraxis” (Duesseldorf inspection practice), a patent owner who establishes a prevailing likelihood of infringement may secure evidence by…

In my first post I have described the old shabby courtroom of the patent chamber of the District Court of Düsseldorf. Meanwhile the court has moved to a new court house which is situated close to the…

In a global patent battle between Ajinomoto and Global Biochem Technology (GBT), a Belgian front was opened on March 25, 2008 when Ajinomoto seized more than 4 million kilos of infringing L-Lysine (a…

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 possibility of enforcing, in Spain, the non-translated claims of a European patent is one of the issues dealt with by the Barcelona Court of Appeal in its recent Ruling dated 15 April 2010. In…

German courts (and German attorneys) have been quite creative to improve the position of the patentee in litigation in the past. Last year the Olanzapine- decision of the Appeals Court in Düsseldorf,…

On the basis of a use patent, Aventis filed for interim relief against Hospira at the Bailiff’s Court (Enforcement court) at Lyngby City Court in Denmark. The claim was based on DK/EP 0593656 and…

On 18 June 2009 the IP Chamber of the Milan Court issued its official interpretation on whether the filing of an MA application for a generic drug when the patent is still in force results an act of…

There have been some interesting developments lately on the international IP piracy front relating to the so-called manufacturing fiction and the Anti-Counterfeiting Trade Agreement (ACTA). These…