Procedure

In the Sanofi v. Teva ruling of 10 July 2014, the Court of Milan clarified the test for abuse of process, and denied an award of damages allegedly caused by the issue of a preliminary injunction…

In a world of increasing legal complexity, it is a common ground – except in Luxembourg – that the lack of specialisation results in the administration of injustice rather than in the administration…

The seizure of evidence is part of every patent litigator’s (pre-trial) arsenal. To some extent this measure is harmonised by the Enforcement Directive (art. 6 Directive 2004/48/EC). However, it does…

Although this is a patent law blog a recently published decision of the Swiss Federal Supreme Court in an appeal against a dismissed request for a preliminary injunction in the copyright sector is…

As posted here the Swiss Federal Patent Court had to amend its Guidelines on Independence after the Swiss Federal Supreme Court had lifted a decision of the Federal Patent Court concerning the…

The Italian Supreme Court recently (and surprisingly) said that inventors must be named as co-defendants in revocation actions. In 2010 I wrote a post concerning the requirement to name inventors as…

On August 31, 2014 the Chinese legislature approved a resolution to establish specialized IP courts in Beijing, Shanghai and Guangzhou. By early November, the Beijing IP Court was operational and had…

by Hetti Hilge In two recent and surprising decisions the Bundesgerichtshof (German Federal Court of Justice) clarified the effects of a first instance decision nullifying the patent in suit on the…

The juxtapositon of patent limitations in national nullity proceedings and before national patent offices on the one hand and according to article 105a EPC on the other hand is a hotly debated issue…