Validity

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,…

As stated already in one my earlier posts (here), Legislative Decree no. 131/2010 has introduced a new procedural tool in the Italian IP litigation scenario. New Art. 128 of the Italian IP Code now…

Can a valid European patent be declared invalid in Poland? In other words, can a computer-implemented invention for which a European patent has already been granted be refused a patent by the Polish…

In a recently published decision the Swiss Federal Supreme Court clarified some particularities of the former Swiss Patent Act regarding the amendment of patent claims during prosecution proceedings…

by Miriam Büttner In a recent decision of 15 September 2011 (ref. no. 4b O 99/11) the District Court of Düsseldorf (LG Düsseldorf) found that a non-final decision of the utility model cancel-lation…

On 8 November 2011, in the case of Fresenius v Carefusion, the English Court of Appeal declared that “the Earth Closet order should be consigned to the place that bears its name.” The “Earth Closet”…

The creation of a Unified Patent Litigation System seems to have a lot of political momentum these days, with one proposal following the other at fairly short intervals. This blog discusses the…

The German Federal Court of Justice (FCJ) issued a nullity appeal judgment on 12 July 2011 in which the requirements for an amendment to be held allowable under Art. 123(2) EPC and Sec. 38 German…

Co-author Christiaen Dekoninck The Ghent Court of Appeal dismissed the claims of the German patent holder Grumbach and its Dutch licensee, Bollegraaf Recycling Machinery, relating to the Carbo…