After the Federal Court of Justice (Bundesgerichtshof, BGH) had confirmed the validity of the German SPC for the enantiomeric escitalopram (and its underlying patent) in 2009, the Federal Patent…
As previously discussed, the English Court of Appeal has clearly stated its support for judicial collaboration facilitating de facto harmonisation of patent law in Europe (Grimme Landmaschinenfabrik…
By final judgment of November 18, 2010 (Xa ZR 149/07, published in Mitt. 2011, 66 (in German only)), the German Federal Court of Justice (FCJ) decided on two interesting issues in nullity appeal…
The Court held that in order to decide that a patented invention is novel, it is not sufficient that the wording in the patent description is different from the wording in the prior art. The…
If a party decides to participate in another party's challenge to a patent so it may share in the benefits of a victory, it may well be ordered to share the costs burden of losing. Actavis was…
The Court of Justice of the European Union (CJEU) has now issued its long awaited Opinion 1/09 on the draft agreement concerning the creation of a unified patent litigation system (UPLS). As is well…
H. Lundbeck A/S (hereinafter referred to as Lundbeck) is the holder of European patent EP 0 347 066 entitled “new enantiomers and their isolation”, which designates France and was filed on 1 June…
Merck & Co. is a company governed by the laws of the United States of America and the owner of European patent EP 0 724 444, filed on 11 October 1994, which relates to a “method of treating…
The District Court of The Hague revoked Glaxo's European Patent and Supplementary Protection Certificate (SPC) for an inhalable combination of fluticasone and salmeterol due to lack of inventive step…
