The Court of Appeal overturned the Patent Court's first instance decision concerning the validity of one of ICOS’s patents (licensed to Eli Lilly) covering a 1 to 5mg dosage form of tadalafil (Cialis…
The FCJ confirmed that a new means of challenge based on the technical content of a document filed for the first time in the course of appeal proceedings is only to be admitted under the provisions…
The number of inventive step attacks in opposition procedures at the European Patent Office may be constrained in the future due to a recent change in the EPO Guidelines. According to David Brophy,…
In a recent decision The Hague Court of Appeal mixes a cocktail of SPC case law of the Court of Justice of the European Union. The ingredients: 1/3 Sanofi, 1/3 Boehringer and 1/3 Gilead and a sniff…
A quarter-century after supplementary protection certificates (SPCs) were introduced in the European Union, there are still a number of unresolved questions as to which types of products are, in…
In a Judgment dated 26 July 2018, the influential Barcelona Court of Appeal (Section 15) rejected an overly narrow, "literalistic" interpretation of a patent claim. A claim's terms must be…
With the Danish patent litigation community being limited in numbers and the pool of legal judges and expert judges available to the Danish specialty patents court being likewise limited in numbers,…
Early on Monday 10 December 2018, the Court of Justice of the European Union issued its judgment in Wightman et al v Secretary of State for Exiting the European Union (C-621/18), on whether the UK…
As already reported by Kluwer Patent Blog, on 5 December 2018 (case T 1063/18) the EPO's Technical Board of Appeal 3304 found that Rule 28 (2) is contrary to article 53 of the European Patent…
The FCJ confirmed that inventive step is to be acknowledged if the feature(s) distinguishing the claimed invention from the starting point for the assessment of inventive step are not directly and…
