and Bernd Kröger.
A combination of two pharmaceutical ingredients, i.e. leflunomide and teriflunomide is to be considered obvious if the person skilled in the art uses an obvious process to obtain…
In a combined patent infringement and nullity case, the Svea Court of Appeal upheld the validity of Roche Diagnostics' European patent as far as Sweden was concerned, but held, other than the…
In its “Leflunomid” decision of 24 July 2012 (Case X ZR 126/09), the FCJ declared a patent claim to be invalid which covered a combination of leflunomide and teriflunomide, on the grounds that it had…
The Court held that a decision by the EPO relating to the UK designation was not capable of challenge. In any event, the procedure chosen by the claimant to challenge the decision (an application to…
The complexities of European patent architecture raise a number of issues relating to the interface between opposition proceedings before the European Patent Office ("EPO") and infringement…
by Henrik Timmann
There is a saying in Germany: Two lawyers add up to three different opinions. Well, for a long time the Federal Patent Court seemed to have been inspired by this saying when…
The Supreme Court held that claiming priority of an earlier application requires a direct and unambiguous disclosure in the priority document of all features of the technical teaching as defined in…
The Federal Court of Justice held that the meaning of a patent claim as a whole and the contribution of the single features to the result of the invention must be assessed in nullity proceedings. It…
The German Federal Patent Court (FPC) has recently published its first decision (3 Ni 28/11 of 2 May 2012 “Ranibizumab”, GRUR 2013, 58) dealing with the interpretation of related CJEU Judgments …
