The Federal Court of Justice confirmed that German Courts should take into consideration decisions rendered by the EPO deciding bodies and Courts of other EPO member states. If the decisions differ,…
On Friday 1 March 2019, Arnold J handed down his judgment in the patent dispute between Eli Lilly and Genentech regarding IL-17A/F antibodies*1. This lengthy judgment, which as the Judge observed: “…
Not much time for blogging today, but yet another referral to the Enlarged Board may deserve our attention. TBA 3.5.03 referred the following questions to the Enlarged Board, of which question 3 may…
In nullity proceedings initiated by Accord Healthcare (“Accord”) the District Court of The Hague has held Shire-NPS Pharmaceuticals’ (“NPS”) patent EP 1 203 761, the basic patent for an SPC covering…
Today, in the decision T 0489/14 the EPO’s Boards of Appeal published their referral of three questions relating to computer implemented simulations to the Enlarged Board of Appeal. Referrals to the…
One has to have a lot of courage to accept the task of coordinating a book on Supplementary Protection Certificates ("SPCs"). The immense variety of the facts discussed in the numerous cases that…
The fundamental question which types of products are amenable to SPC protection and which types of marketing authorizations allow the filing of SPCs has aroused much controversy in Europe, and…
A few days ago, our Kluwer News Blogger reported on a decision in the Netherlands, holding two Dutch patents for processing the Ethiopian grain “teff” as null and void. While this decision certainly…
The European Patent Office and representatives of the 38 Member States organised a meeting last week of the Committee on Patent Law to discuss next steps following decision T 1063/18 of an EPO Board…
The Federal Constitutional Court of Germany (BVerfG) intends to decide on the complaint against German ratification of the Unified Patent Court Agreement this year. The case (2 BvR 739/17) is on the…
