One area where the practice of the EPO and the German Federal Court of Justice (FCJ) could not be further apart was the assessment of added matter. While the FCJ traditionally had been very lenient…
The Oslo District Court held that the expired Norwegian patent 306452 ("452 Patent") was invalid due to lack of inventive step, which implied that its supplementary protection certificate SPC014 was…
Please click here to find US patent cases from the the U.S. Supreme Court, the US Court of Appeals for the Federal Circuit, and the U.S. Circuit Courts of Appeals with a detailed summary of each case…
by Niels Hölder and Thomas Koch
In “Zugriffsrechte” (Access Rights) (docket X ZR 35/11), the Federal Court of Justice decided that a claim can in principle not be construed such that it covers none…
We have previously reported (post 28 August 2012) on ongoing litigation in Denmark between DuPont/Danisco and Novozymes resulting at the time in the grant of an interlocutory injunction being firstly…
Regular readers of the Kluwer patent blog may recall that in April 2014, the English Patents Court revoked two patents relating to trastuzumab, the active ingredient in Herceptin, which is marketed…
by Anne Katrin Schön
On 12 June of this year, the German Federal Court of Justice (FCJ) in Karlsruhe concluded nullity appeal proceedings (X ZR 96/11) against the German part of European patent EP 1…
by Dr Mark A G Jones
The UK’s Intellectual Property Act 2014, enacted to implement recommendations of the 2011 Hargreaves Review of Intellectual Property, has extended the powers available to the…
by Jan Pot and Ruprecht Hermans
MSD’s European Patent for treating baldness, EP 0 724 444 (‘EP 444’), has been the subject of a number of (in)validity decisions throughout Europe, with differing…
