Validity

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…

The English High Court has refused to grant summary judgment to LG Electronics in relation to validity of certain patents, holding that, due to the uncertainty of the legal issue concerning the…

A supplementary protection certificate SPC granted for an enantiomer (escitalopram) cannot be declared void because a prior SPC was granted for the racemate (citalopram) when both the racemate and…

By Giovanni Gozzo and David Nilsson The Svea Court of Appeal partially invalidated the patent of respondent Dustcontrol, insofar as claim 1 of the patent was concerned. The Court held that it could…

As the readers will know, the complex architecture of the European patent system allows third parties to challenge the validity of a patent by filing an opposition before the European Patent Office (…

The difference between "inventiveness" within the meaning of the Austrian Patent Act and "inventive step" within the meaning of the Austrian Utility Model Act is too small to distinguish between…