A recent judgment of 18 December 2018 from the Barcelona Court of Appeal has partially reversed a judgment of 9 December 2016 from Barcelona Commercial Court number 4, which had rejected the locus…
For establishing inventive step it is not necessary that the prior art contains a pointer for combination, only that in the relevant prior art an incentive was present to combine the prior art.
Case…
What were the most popular articles of the Kluwer Patent Blog in 2018? A look at the list shows that - even more strongly than in previous years - one topic drew more readers than anything else: the…
Regardless of whether someone intends to enforce their own supplementary protection certificate (SPC) or finds themself at the receiving end of an SPC infringement action, the question which grounds…
The U.S. Court of Appeals for the Federal Circuit has denied attorney fees to a medical device manufacturer in a dispute relating to an expandable surgical reamer patent, ruling that the district…
Applying the so-called 'Actavis Questions' (further to the Supreme Court decision in Actavis v Eli Lilly), the Court of Appeal reached a different conclusion from the Patents Court on the issue of…
The Barcelona patent courts have provided further guidance on preliminary injunctions within the context of trade fairs, where the standard of evidence is higher than usual. Indirect evidence, such…
The Mobile Word Congress ("MWC") is the largest mobile trade event in the world and one of the most significant trade fairs taking place in Barcelona. More than 105,000 people attended previous…
The judgment addresses the question of the scope of the co-inventors' right to obtain a patent, prior to the grant of the patent. The Supreme Court presented the view that the substance of the co-…
The European Patent Office (EPO) is receiving ever increasing numbers of patent applications that include a ‘programmed computer’ as a key part of the described invention. Moreover, this growth in…
