Procedure

280 articles available

The Opposition Division upheld a patent in a decision finding novelty over D1 and inventive step over D1 in combination with D3 or D4. The opponent filed a statement of grounds of appeal containing a…

This decision deals with the scope of the obligation of a plaintiff to concentrate actions in one case if these are directed against the same defendant regarding the same infringing device, but based…

The Antwerp Court of Appeal dismissed the claims of the Spanish pharmaceutical company Almirall against Teva Pharma Belgium (Teva) relating to the generic ebastin. It confirmed the decision of the…

To stay, or not to stay, that is the question. But not in the recent Danisco v. Novozymes case before the District Court of The Hague. On the face of the Court’s decision of 22 June 2011, the…

After years of not having handed down judgments in patent cases, in recent months the Supreme Court has handed down several interesting judgments which will hopefully give more guidance to lower…

Since 2009, French law has allowed patentees to voluntarily limit their granted patent claims. This possibility, which has existed for a long time in a number of European countries, (e.g. Austria,…

The Court of Appeal Duesseldorf held that, provided that the alleged infringer proves a legitimate interest in confidentiality, the presentation of the expert opinion to the patentee itself depends…

The board refused to find a set of claims filed with the grounds of appeal admissible, because it concluded from the circumstances that the proprietor had deliberately refused to file these claims…

The Swiss Federal Supreme Court held in a recent decision that the Swiss company Teva Pharma AG had to bear the court costs and reimburse Novartis's attorneys' fees in preliminary injunction…