The Finnish Supreme Court resolved in February 2019 on the matter of whether or not the preconditions for precautionary measures were at hand in a patent law infringement case. Firstly, the Court…
The German Federal Supreme Court has decided on what is necessary to establish a legal interest in a declaratory judgment of non-infringement under German law. The Supreme Court’s decision, which we…
The results of the EPO’s online user consultation on a procedural option for postponing examination of a European patent application have now been published and are available here (pdf). To cut a…
On 1 February 2019, the Danish Maritime and Commercial Court granted an injunction against Mylan AB's sale of the product Tadalafil »Mylan« containing 5 mg tadalafil in Denmark.
On 7 September 2018,…
Patent for automating the collection and manipulation of bedside medical data did not provide any specific improvements to the way conventional computers operate. Therefore, the patent claims were…
On 4 March 2019, we uploaded a post noting that the English Patents Court had decided to refer a question to the CJEU on whether it was permissible for a patentee to rely on a third party’s MA to…
In preliminary injunction proceedings, the Barcelona Court of Appeal (Section 15) ruled on the interpretation of the wording "protected by a basic patent" in Article 3.a) of the SPC Regulation, on…
Access to seized goods and data should be denied in preliminary proceedings if the seized material contains trade secrets and there is a serious chance that the patent will be held invalid.
Case date…
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: “…
