In the past decade, a new character of the patent theatre has made inroads into the case law of some EU Member States, "imported" from the so-called "EPO case law". Its name is "plausibility".
The…
Australia ended 2016 flipping through the pages of the Productivity Commission's final Inquiry Report on Australia's Intellectual Property Arrangements.
In general, the Commission considers that IP…
In my latest Kluwer post I wrote about the confusion caused by the most recent decision of the Swiss Federal Supreme Court concerning the doctrine of equivalence.
This confusion seems to have…
On 22 July 2016, IP Australia approved a patent specification involving computer programming in poker machines in Aristocrat Technologies Australia Pty Limited [2016] APO 49.
IP Australia's decision…
Claim construction and scope of protection are perhaps the most hotly contested topics in Dutch patent law. Over the last ten years, we have had no less than six Supreme Court decisions dealing with…
On 29 April 2016, the Australian Productivity Commission published a Draft Report on its enquiry into Australia’s Intellectual Property Arrangements. Although the Draft Report provides separate…
In a recent judgment of 2 February 2016, the Barcelona Court of Appeal (Section 15) was called on to interpret the scope of protection of what are known as "product-by-process" claims. One of the…
Case reported and summarized by Gregory Bacon, Bristows LLP
Mr Justice Carr is only a few months into his judicial career, but having already provided welcome guidance on the role of plausibility in…
...well not really, but the German Federal Court of Justice has recently issued a decision (Kreuzgestänge, X ZR 103/13) that may expose Germany's "Bifurcation System" to even more questions and…
