Two recent decisions in the UK and Australia in the long-running pregabalin litigations demonstrate the different approaches in these jurisdictions to determine if a patent specification has…
The EPO’s Problem-Solution-Approach is, on the face of it, simple and widely applied also in the national jurisprudence of the EPC member states. It starts with the determination of a “closest prior…
The much awaited decision T 1063/18 by Technical Board of Appeal 3.3.04 in a five-member composition has been published today. The patent application under appeal related to new pepper plants and…
As discussed in our blog of 30 May 2018, the EU Commission has proposed an amendment to Regulation (EC) 469/2009 concerning the supplementary protection certificate for medicinal products ("SPC…
Gilead Sciences vs Sandoz - Round One
The history of the case started in 2018, where Gilead Sciences Inc., brought preliminary injunctions before the court against several companies. On 7 March 2018…
A recent judgment of 18 December 2018 from the Barcelona Court of Appeal has partially reversed a judgment of 9 December 2016 from Barcelona Commercial Court number 4, which had rejected the locus…
The Mobile Word Congress ("MWC") is the largest mobile trade event in the world and one of the most significant trade fairs taking place in Barcelona. More than 105,000 people attended previous…
With the Danish patent litigation community being limited in numbers and the pool of legal judges and expert judges available to the Danish specialty patents court being likewise limited in numbers,…
As already reported by Kluwer Patent Blog, on 5 December 2018 (case T 1063/18) the EPO's Technical Board of Appeal 3304 found that Rule 28 (2) is contrary to article 53 of the European Patent…
