According to Article 61.2 of the Spanish Patent Act "where a patent concerns a process for the manufacture of new products or substances, unless there is proof to the contrary, it shall be presumed…
One of the first questions that arise when a patentee is considering embarking on patent litigation is "Where should I sue?". The answer to this question depends on a variety of factors, such as the…
The possibility of enforcing, in Spain, the non-translated claims of a European patent is one of the issues dealt with by the Barcelona Court of Appeal in its recent Ruling dated 15 April 2010.
In…
One of the topics most hotly discussed before the Spanish Courts over the last few years is whether the legal effects of the TRIPS' provisions on patents are governed by Community law or by the…
One of the most disputed topics within the patent community is whether or not the patent prosecution history should be taken into account when interpreting the scope of protection of the claims.…
On 1 March 2010, Commercial Court number 1 of Pamplona handed down a judgement dismissing a declaratory non-infringement action filed by L.C. against N. The Court rejected the claim in its entirety,…
In this case the Commercial Court lifts an ex parte preliminary injunction against the launch of several generics of Pramipexol after an inter partes hearing. The ex parte decision was grounded on a…
The Barcelona Court of Appeal found that the process used by the defendants to obtain amlodipine was not equivalent to the process protected by the patent in suit. The Court relied on the three…
After a fresh analysis in light of evidence provided by the complainant, the Barcelona Court of Appeal confirmed the novelty of Calcium Atorvastatin, as it had done in earlier judgments of 2007 and…
The Commercial Court Number 4 of Barcelona found that although obtaining the price for generic versions of Calcium Atorvastatin by two Spanish companies from the Ministry of Health is not an act of…
