Earlier this year, the Commercial Courts of Barcelona published a decision which shows that patent owners cannot obtain "Diligencias para la comprobación de hechos" ("Proceedings for the Verification…
One of the possible methods to examine incentive activity is what is known as the "problem and solution approach" usually applied by the European Patent Office ("EPO"). Spanish Courts like this…
As readers know well, one of the issues carefully considered by courts around the world when examining inventive activity is the qualifications and experience of the experts designated by the parties…
As readers know well, over the last few years courts around Europe have handed down several ground-breaking decisions on the scope of "second medical use" claims and, in particular, the activities…
The main requirements for applying for a preliminary injunction in Spain are "fumus boni iuris" (i.e., indicia of likelihood of success) and "periculum in mora" (i.e. danger in the delay). A recent…
In a recent judgment of 2 February 2016, the Barcelona Court of Appeal (Section 15) was called on to interpret the scope of protection of what are known as "product-by-process" claims. One of the…
According to article 66 of the Spanish Patents Act, in case of moral damages the patent owner will be entitled to compensation even if the existence of an economic damage has not been proven. In…
As a foreign spectator of the litigation between Actavis and Eli Lilly (Alimta®) before the English Patents Court (the Hon. Mr. Justice Arnold), this author was fascinated by the ease with which the…
The Spanish Patents and Trademarks Office ("SPTO") has submitted the draft of the Implementing Regulations of the new Spanish Patents Act, which is due to come into force on 1 April 2017, for public…
The Mobile World Congress ("MWC") is one of the largest trade events taking place in Barcelona. Due to its importance, all relevant institutions, including regional and local governments, do their…
