Novelty

In the first part of this interview (see here), I already mentioned some of the preconceived ideas about French Courts, which makes France almost systematically considered as one of the last…

After having us recently hummed the Beatles' Ob-La-Di Ob-La-Da song with the TRUVADA case (see here), French case law is now flirting with New York gangs with a decision about a “Kit Crack” (not to…

On 4 December 2020, the English Patents Court handed down its decision in Neurim Pharmaceuticals (1991) Limited & Flynn Pharma Limited v Generics UK Limited (t/a Mylan) & Mylan UK Healthcare Limited,…

Spain has a well-deserved reputation of being a rather formalistic country when it comes to litigation. For example, according to the Civil Procedure Act, a Spanish translation of documents written…

On 15 October 2020 Meade J. handed down his first ever written judgment in his new role as a Judge of the High Court in MSD v Wyeth. The neutral citation for the case is [2020] EWHC 2636 (Pat) and a…

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…

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…

The December issue 4|2019 of the journal epi Information contains four interesting contributions to the discussion on the novelty test for sub-ranges as used by the EPO. The EPO has a special novelty…

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…