Procedure

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Almost everyday someone posts something about the Unified Patent Court or a seminar is offered about the “newest” developments. In fact nobody is able to predict whether the system will “work”. It is…

Patent litigators around Europe will be taking note of the latest significant development from the English Patents Court in the case of Actavis v Eli Lilly [2014] EWHC 1511 (Pat) (judgment dated 15…

Under the principle of the prohibition of reformatio in peius, the Boards of Appeal of the European Patent Office are forbidden from taking a decision which puts a sole appellant in opposition appeal…

The Oslo District Court held that Jets AS' patent for a liquid seal pump of the helical screw type for use in vacuum drainage systems lacked novelty over one of Jets' own patents. Despite the court’s…

Pursuant to a U.S. White House initiative aimed at addressing the "challenges from Patent Assertion Entities (PAEs)" and stemming the economic drain of meritless patent litigation, the USPTO has…

On 22 October 2013 the Provincial Court of Barcelona (Section 15) handed down a controversial judgment revoking a patent due to lack of inventive activity relying on a technical report prepared by an…

The wording of prayers for relief in patent infringement proceedings remains a hotly debated issue in Switzerland. In a landmark decision dated 2004 (BGE 131 III 70) the Swiss Federal Supreme Court…

The use and circulation of a product which has been put on the market by the patentee or a third party acting with the consent of the patentee (e.g. a licensee) cannot be prohibited by the patentee…

The EPO Board of Appeal 3.2.06 decided on 20 February 2014 to refer the following question to the Enlarged Board of Appeal: “Is an appeal inadmissible or not deemed to have been filed, if both the…