The use of divisional patent applications in order to ensure flexibility and to keep a patentee’s options open as to the protection it seeks to obtain is established practice in many patent offices…
Patent claims, and therewith infringement, can get lost in translation. The Dutch first instance court limited a patent’s scope of protection based on the Dutch translation of the claims. The Court…
On 13 May 2024, the UPC Court of Appeal (CoA) upheld the Munich Local Division’s decision in SES v Hanshow (UPC_CoA_1/2024) that a preliminary injunction should be refused on the basis that there was…
On 4 August 2022, the English Patents court handed down its decision in Shenzhen Carku Technology Co., Ltd v The NOCO Company, a case on battery-powered car jump starters. The decision of Mr Justice…
Introduction
In a ruling by Hacon HHJ on 4 July 2022, [here] the English Patents Court has invalidated three patents belonging to J. C. Bamford (JCB) while finding a fourth valid and infringed by…
As readers will be well aware, one of the points on which the courts of various European countries diverge, is whether or not the prosecution history of the patent at hand may be taken into account…
The Hatch-Waxman Act allows the FDA to permit a generic version of a branded product, which is partially patent protected, to come to market if the generic manufacturer “carves out” the patent…
As reported in last week’s post, on 20 January 2021 Birss J handed down what may be his last first instance decision before his elevation to the Court of Appeal. The first post on the judgment…
On 20 January 2021 Birss J handed down what may be his last first instance decision before he takes his place in the Court of Appeal. If that turns out to the case then Illumina Cambridge Limited v…
