The appeal court confirmed the decision of the first instance court that CDVI's European patent was invalid due to lack of inventive step. However, the decision raises questions in relation to what…
The use of a generally available tool (here: reverse sandwich assays) can involve an inventive step if the advantages pursued and provided by the invention do not materialize without further effort…
Mr Justice Morgan handed down judgment on 22 July 2020 ([2020] EWHC 1968 (Pat)) in relation to two patent infringement actions brought by Lufthansa which were heard together. The first infringement…
Mishan (T/A Emson) v Hozelock & Ors [2020] EWCA Civ 871
Since Arnold LJ’s elevation to the Court of Appeal in 2019, he and Floyd LJ have heard about 11 cases together, spanning a mixture of areas of…
As readers of this blog will be aware, the EPO applies a quite peculiar and unique method to the analysis of inventive step, the "problem-solution approach". This approach breaks the statutory…
On 1 April 2020, the Court of Appeal, led by Floyd LJ, handed down judgment concerning the strike out of an Arrow declaration in litigation between Mexichem and Honeywell.
Honeywell owns six patents…
Two decisions T 0184/17 and T 0603/14 were recently issued concerning admissibility of late inventive step attacks on appeal. Both cases were decided under the old Rules of Procedure of the Boards…
In a thorough decision, Barcelona Commercial Court (Section 15) clarifies important findings on novelty, inventive step and claim construction. A technical feature disclosed in the prior art will not…
As was rightly noted on this blog, the skilled person's "hope" of solving the objective technical problem using the means that led to the (later claimed) invention, has disappeared from the…
