The right to an unpatented invention does not entitle to its exclusive use; it ceases to exist if the invention is made public without patent protection. The right to an unpatented invention…
In 1984, the claimant filed an application for an agricultural crop spraying device which by the use of compressed air was intended to offer a more efficient means of dispensing the liquid.
In 1986,…
The extent of protection conferred by a patent in Poland has its legal basis in the Polish Act on Industrial Property Law of 30 June 2000. According to Article 63 section 2 of the Industrial Property…
On 13th September 2011, the German Federal Court of Justice (FCJ) rendered a decision under the keyword “Diglycidverbindung”, i.e. diglycidyl compound (case number X ZR 69/10).
The case revolved…
As already explained in a previous post, the company governed by the laws of Switzerland, Novartis AG, is the holder of patent EP 0 443 983 entitled “Acyl compounds”, whose subject-matter is a group…
The UK Court held that three of Cephalon's patents relating to the drug modafinil, used to treat sleep disorders such as narcolepsy, were not infringed and were invalid for lack of inventive step…
To stay, or not to stay, that is the question. But not in the recent Danisco v. Novozymes case before the District Court of The Hague. On the face of the Court’s decision of 22 June 2011, the…
Combination products (containing two or more active ingredients) raise difficult questions with respect to supplementary protection certificates (SPCs).
Can a SPC be based on the market authorisation…
The Court, in infringement proceedings brought by Novartis against Actavis for marketing generic Valsartan, held that the assessment of infringement had to be made as of the time of infringement, not…