In preliminary injunction proceedings: to fulfil the requirement of urgency a patentee must actively and with determination enforce the patent. A patentee does not have to wait for the outcome of…
As a rule, an applicant has a right to inspection of respondent’s premises in order to prepare a claim for damages due to illegal exploitation of secret know-how. The applicant must designate…
The Board of Appeal used its discretionary power to declare inadmissible an appeal based on the claims as granted after the proprietor had only defended amended claims before the opposition division…
The French Supreme Court condemned a patentee’s undue use of an evidentiary measure (infringement seizure, "saisie-contrefaçon") as a way to obtain information from a competitor, specifically…
In a recent decision (case no. 4A_142/2013), the Swiss Federal Supreme Court had to decide whether one of the non-permanent judges of the Swiss Federal Patent Court, a Swiss patent attorney, was…
Introduction
In my previous post of 2 August 2013 I made passing reference to the recent decision of the English Court of Appeal in the Copaxone litigation. This case was an appeal of the decision of…
A long time has already passed since 23 October 2001, when Judge Jacob ordered a preliminary injunction preventing the launch of the first paroxetine generics in England. To cut a long story short,…
In a recent ruling rendered in the General Hospital v Asclepion case, the Italian Supreme Court wrote the latest episode of the “Italian torpedo” never ending saga. In particular, the Supreme Court…
A recent decision of the Higher Regional Court (Oberlandesgericht) Düsseldorf now confirms that a holding company cannot easily dive away under the patent infringing activities of its subsidiaries…
