Validity

257 articles available

The District Court of The Hague granted Mundipharma a provisional injunction against Sandoz for infringement of its patent for a controlled release oxycodon formulation. The District Court suspended…

The Austrian Supreme Court decided that a patent owner is free to base an infringement action on a limited version of its claims, irrespectively of initiating formal limitation proceedings. An…

[gallery columns="2" orderby="title"] The protected product within the meaning of Article 3 (a) of SPC Regulation (EEC) No. 1768/92 must be a product claimed as such in the basic patent. Daiichi…

As the Supreme Court had held for European Patents (SC 6 March 2009 Boston Scientific/Medinol), the Court of Appeal now affirms that the so-called Spiro/Flamco doctrine, which set strict requirements…

The case concerned the validity of a ‘selection patent’. The Court of Appeal held that there is no special approach to be adopted in determining the validity of selection patents and that UK law…

Correction of a letter of withdrawal under Rule 139 EPC is only possible if the public has not yet been officially informed about the withdrawal. A full summary of this case has been published on…

After a fresh analysis in light of evidence provided by the complainant, the Barcelona Court of Appeal confirmed the novelty of Calcium Atorvastatin, as it had done in earlier judgments of 2007 and…

The Commercial Court Number 4 of Barcelona found that although obtaining the price for generic versions of Calcium Atorvastatin by two Spanish companies from the Ministry of Health is not an act of…

The District Court of The Hague finds that the generic products of the defendants fall under the scope of protection of both of Mundipharma's patents, which are related to controlled release…