Procedure

In Germany it is well established case law that in normal PI cases "urgency" is a requirement which is not fulfilled if plaintiff waits too long before initiating court proceedings (although the…

In Germany, prior to the implementation of the “Enforcement Directive” EC/2004/48, measures to secure evidence in patent matters were difficult to realize under the law. With the Implementation Act…

The question in dispute was whether ratiopharm's escitalopram was produced using Lundbeck's patented process The Court considered that a reversal of the burden of proof in favour of the patentee…

What happens in Germany’s bifurcated patent litigation system, if – during pending infringements proceedings – the nullity court declares the patent partly invalid? The patentee can amend its…

In Switzerland, each of the 26 cantons must have a cantonal Civil Court that decides patent matters falling within the jurisdiction of said canton. The decisions rendered by those courts can be…

Vitreo's patent application for 'means for application of a vitreous body for the purposes of prevention and medical treatment of ophthalmic disorders' was denied by the patent office, because the…

In Italy, patent cases are heard by judges of the IP Chambers of 12 district courts distributed in the Italian territory. Italian judges are therefore IP specialists, but they have a merely legal,…

Denmark, as one of only a very few countries in the Western world, has no specialty patents court(s) for first instance PI proceedings. Instead, an application for a PI is heard by the bailiff's…

As previously reported, the Patents County Court was re-launched on 1 October 2010 under the auspices of His Honour Judge Birss QC. The issue of transferring proceedings between the Patents Court of…