A long time has already passed since 23 October 2001, when Judge Jacob ordered a preliminary injunction preventing the launch of the first paroxetine generics in England. To cut a long story short,…
When a preliminary injunction is lifted, the debate arises regarding the amount of damages that the company affected by the preliminary injunction may claim against the applicant. A recent judgment…
Spain adopted the optional clause in Article 65 of the EPC, which requires a translation of the patent filed with the national patent office within 3 months of publication of the patent by EPO. The…
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…
As the readers are well aware, quite often patented products are not necessarily marketed (or only marketed) by the patent owner. It is usual for patent owners to market their products through their…
"It's the same thing night on night / Who's wrong baby who's right / Another fight and I slam the door on / Another battle in our dirty little war / When I look at myself I don't see the man I…
The Supreme Court held that the relevant date of a patent's enforceability, in case a Spanish translation is required for such enforceability, is the date of announcement of the grant of the patent…
Historically, damages used to be calculated in the so-called "execution" (i.e. enforcement) phase of the proceedings, i.e. a second phase of the proceedings aimed at implementing the declarations and…
On 27 November 2012, the Honourable Mr Justice Arnold surprised the European patent community with an unprecedented decision (Actavis Group HF and Eli Lilly & Company; Medis EHF and Eli Lilly…
In its recent judgment of 26 October 2012, the Spanish Supreme Court (Judge Rapporteur Mr José Ramón Ferrándiz Gabriel) has clarified an interesting point over which lower level courts offered…
