Two recent decisions of the Italian Supreme Court (no. 21835 of 14 October 2009 and no. 23414 of 4 November 2009) have tackled the issue of sufficiency in a peculiar manner, departing from previous…
A growing number of decisions illustrate the divergences of solutions which can exist between the various national courts with respect to the various national designations of a same European patent…
By decision no. 6967/2009 of 14 May 2009, the IP Chamber of the Court of Milan found for the invalidity of a patent claiming the second medical use of a known pharmaceutical product for lack of…
In the case at hand the Board held that the European Patent Convention does not contain any specific provision for refusing a European patent application for unallowable double patenting. According…
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…
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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…
