The Court of Justice of the European Union ruled that Article 13 of the old SPC Regulation (EEC 1768/92, identical to article 13 of the "new" SPC Regulation (EC469/2009) in conjunction with Article…
The right to an unpatented invention does not entitle to its exclusive use; it ceases to exist if the invention is made public without patent protection. The right to an unpatented invention…
In my blog of 10 June 2011 I had reported about the decision by the Landgericht Duesseldorf "Pramipexol" (4a O 277/10) where the Court of first Instance had granted a PI based on an anonymous…
Laboratoires Negma (hereinafter referred to as “Negma”) is the exclusive licensee of European patent No. 0 520 414 which relates to a method for the preparation of diacetylrhein (also called…
On 20 January 2012 the Court of Appeal in England heard the case of Apimed Medical Honey v Brightwake Limited [2012] EWCA Civ 5. Apimed owned European Patent (UK) 1,237,561 (‘the Patent’) for an…
by Stephan Lieck
The Düsseldorf Regional Court had to decide whether it is misleading under competition law that the former proprietor of a patent advertises with the fact that there is patent…
There seems to be ample consensus in that Justice is better administered by specialised Judges than by non-specialised Judges. With this view in mind, in 1993 the Barcelona Court of Appeal took a…
The Enlarged Board of Appeal (EBA) allowed review of the conduct of the Technical Board of Appeal (TBA), since the TBA rejected a main request for lack of inventive step which had not yet been…
AstraZeneca filed a request with the Patent Office (PO) for the publication in the PO's official bullet of a court judgment invalidating a previous PO's decision regarding the termination of one of…
