One of the most controversial provisions of the Spanish Patents Act is article 137.2, which states "Where the measures requested involve restrictions on the defendant's industrial or commercial…
About a month ago Rüdiger Pansch reported on the new "General Terms and Conditions" of the Regional Court of Munich in patent infringement matters (http://kluwerpatentblog.com/2012/03/20/patent…
As in other jurisdictions, German Courts try to determine whether an invention is patentable over the prior art by looking at it through the eyes of the notional skilled person at the effective…
Mr X was ordered to pay damages for the infringement of a French patent No. 87‑03865, relating to a massage device, by a decision of the Cour d’Appel of Limoges on 10 September 2001. In the absence…
One of the challenges of patent litigation in Spain is that our Civil Procedure Law is somewhat more formalistic than the laws of some other EU Member States, which would normally accept documents…
Merck Sharp Dohme Corp. and Bristol-Myers Squibb Pharmaceuticals Limited v. Teva Pharma B.V. and Teva UK limited
On 15 March 2012, the High Court in England and Wales delivered some useful guidance…
The boards of appeal of the European patent office recently issued a decision on December 14, 2011, T 1336/09, in which it was found in ex parte appeal proceedings that third party observations filed…
On the defendant’s side, knowing what the patent dispute is all about is essential for your strategy. Not only do you need to adjust your non-infringement arguments to the plaintiff’s assertions…
by Rüdiger Pansch for rospatt osten pross
An interesting paper comes with the case management directions of the Munich District Court after the complaint is served upon defendants. It titles “The new…
