Revocation

With the Judges mostly on summer vacation, August and September have given some time for reflection on several decisions from the Patents Courts in July. One of those decisions was another defeat for…

Our previous post of June 2014 “Patent revocation actions in France: mind the slot! ” presented and criticized the decision of 25 April 2013 of the tribunal de grande instance de Paris, 3rd chamber,…

The end of July always brings a flurry of decisions from English Patents Courts at all levels as the Judges, understandably, seek to clear their desks before the summer vacation. This year was no…

Apart from the enthralling Lyrica saga which began in earnest back in January, and the main trial of which recently began before Arnold J, 2015 has not witnessed many significant pharmaceutical…

One area where the practice of the EPO and the German Federal Court of Justice (FCJ) could not be further apart was the assessment of added matter. While the FCJ traditionally had been very lenient…

by Niels Hölder and Thomas Koch In “Zugriffsrechte” (Access Rights) (docket X ZR 35/11), the Federal Court of Justice decided that a claim can in principle not be construed such that it covers none…

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…

Pierre Véron and Amandine Métier, Véron & Associés On 23 September 2014, the cour d’appel de Paris, in Genentech v. Hoechst and Sanofi Aventis Deutschland, Docket № 12/21810, decided to refer to 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…