Enforcement

138 articles available

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…

In a recent decision (case no. 4A_443/2012) the Swiss Federal Supreme Court had to deal with a dispute between the German Robert Bosch GmbH, which filed suit against the Swiss Federal Confederation…

Spain adopted the optional clause in Article 65 of the EPC, which requires a translation of the patent filed with the national patent office within 3 months of publication of the patent by EPO. The…