The Court of Appeal Duesseldorf held that, provided that the alleged infringer proves a legitimate interest in confidentiality, the presentation of the expert opinion to the patentee itself depends…
The Court, in infringement proceedings brought by Novartis against Actavis for marketing generic Valsartan, held that the assessment of infringement had to be made as of the time of infringement, not…
The Supreme Court held that the US doctrine of file wrapper estoppel is not applicable under the EPC. According to the Court only Article 69 of the EPC and the Protocol on its interpretation should…
For many years it has been heavily disputed in Danish and Nordic legal theory, whether the doctrine of equivalents should or should not be accorded weight in the construction of the protective scope…
Institut Pasteur is the holder of European patent No. 0 178 978, which relates to “Cloned DNA sequences, hybridizable with genomic RNA of lymphadenopathy-associated virus (LAV)”. Institut Pasteur…
The Court of Appeal confirmed the First Instance Court decision and held that Occlutech's devices do not infringe AGA's patent regarding septal occlusion devices, which feature braided metal strands…
Institut Pasteur is the holder of European patent No. 0 178 978 entitled “Cloned DNA sequences, hybridizable with genomic RNA of “lymphadenopathy-associated virus (LAV)””, granted on 6 February 1991…
On 22 June 2010, the English Court of Appeal handed down its judgment in yet another case involving stents in Occlutech v. AGA Medical. The appeal was dismissed with the result that AGA’s patent was…
The District Court of The Hague holds that in case of ambiguities in the claim language the skilled man will consult the prosecution history to determine the scope of protection. The patent can not…
