Procedure

Over the last few years, Spanish Courts have struggled to resolve an avalanche of cases where the core of the discussion was the legal effects of TRIPS on the effects of the Reservation made by Spain…

We revisit this case, not this time regarding the question of what constitutes the ‘making’ of an invention as resolved by the Court of Appeal in March 2011, but with regards to the question of costs…

In a recent decision by the Danish Maritime and Commercial Court (reported in the Danish Legal Gazette as U2011.2745S), the court ruled on the issue of restitution subsequent to default in making…

by Miriam Büttner In a recent decision of 15 September 2011 (ref. no. 4b O 99/11) the District Court of Düsseldorf (LG Düsseldorf) found that a non-final decision of the utility model cancel-lation…

On 8 November 2011, in the case of Fresenius v Carefusion, the English Court of Appeal declared that “the Earth Closet order should be consigned to the place that bears its name.” The “Earth Closet”…

In a judgment handed down on 11 November 2011, the Spanish Supreme Court has rejected an appeal filed by four Spanish pharmaceutical companies against a judgment from the Court of Appeal of Barcelona…

by Dr. Ulrich Pross, rospatt osten pross Sec. 522 Civil Procedure Act (CPA) provided that courts competent to hear appeals on fact (Berufungsgerichte) can and must reject an appeal (Berufung)…

On 20 September 2011, in a patent infringement case, the French Cour de cassation issued an important decision in which, for the first time, it refers to and relies on "the principle according to…

The Swedish Supreme Court held that in cases where the infringing act is the sale of infringing goods, the damage (in this case the right to reasonable compensation for use of the invention and…