Procedure

The Federal Supreme Court just handed down a long-expected judgment on the prerequisites under which a plaintiff has to provide a collateral for legal expenses. The result may encourage further…

by Gregory Bacon The English courts are not averse to determining disputes concerning foreign rights, including intellectual property rights. Readers will no doubt be aware of the recent case between…

by Nicholas Round On 19 April 2016 Birss J handed down a short but notable judgment in the matter of EMGS v PGS. Following a three-week trial in March 2016 the parties had decided to settle the…

Case reported and summarised by Gregory Bacon, Bristows LLP The UK does not operate a system of automatically staying proceedings which concern validity of a European patent where there are ongoing…

There has been some confusion in Germany as to whether exhibiting products and services on a trade show qualifies as an infringing act or not. Most prominently, two decisions of the German Federal…

Case reported and summarised by Gregory Bacon, Bristows LLP Mr Justice Carr has issued an interesting interim judgment regarding the jurisdiction of the English Court to grant negative declarations…

By Klemens Stratmann Currently, the parties involved in appeal proceedings before the EPO see a clear trend towards decisions rendered on formal grounds. If the patentee files new requests along with…

The Oberlandesgericht Düsseldorf (Higher Regional Court, appeal instance) just issued a court order on the admissibility of new prior art that the defendant discovered only in the second instance…

The Actavis v Eli Lilly UK litigation concerning pemetrexed (sold by Eli Lilly under the brand Alimta(®) has already been widely reported in light of Actavis’ innovative application to the English…