The least reliable line in a European patent portfolio review is the one that looks most reliable. Opted out: yes. The field is binary, the source is public, and the answer takes four seconds to…
A patent's future construction can be shaped before an infringement action begins. At the European Patent Office, a passage retained, rewritten or deleted during opposition may influence how a court…
As readers will be aware, last Thursday, the European Patent Office ("EPO")'s Enlarged Board of Appeal ("EBA") published a new decision (G 1/25) in the saga of referrals seeking guidance on the…
Before the Unified Patent Court, a launch communication leads a double life. It can show that infringement is imminent. It can also fix the moment when the right holder knew enough to ask for…
G 1/25, the long-awaited decision on adaptation of the description, was issued today. Adaptation will continue to be required at the EPO, but only if a claim amendment introduces an inconsistency…
This is just a short post on an interesting new development on exceptions to the EPO’s strict approach to admissibility on appeal. T 715/24 reason 2 suggests that claim interpretation is to be…
The first strategic choice in a patent dispute is not where to sue. It is where to secure the evidence that will make the claim pleadable, quantifiable and commercially credible. A case may…
The EPO’s recent study, Methodologies for FRAND determination: evidence from global case law, is an extensive account of judicial approaches to evaluating fair, reasonable and non-discriminatory…
If a final decision on an infringement action has already been taken, for a second (consecutive) infringement action with respect to the same patent and between the same parties the question arises…
Although Greek courts have dealt with SPC disputes on a number of occasions, there has been limited judicial analysis of one of the Regulation’s most fundamental concepts: the definition of a “…
