This author began his career in patent litigation in 1996. In those days, a solicitor’s role was confined largely to the preparation of trials in the English Patents Court. Huge amounts of time were…
In a recent decision rendered by the Danish Maritime & Commercial Court (the "MCC"), Novartis successfully defended its position that even if the patent-in-suit had been invalidated by the EPO…
The Board of Appeal held that “Biogen insufficiency”, the situation in which the full extent of the monopoly claimed exceeds the technical contribution to the art, is not a distinct ground for…
Masaba Inc. did not infringe five Superior Industries patents that disclosed a conveyor system for drive-over truck dumps and a braced, telescoping support strut, the U.S. Court of Appeals for the…
The German ratification proceedings concerning the Agreement on a Unified Patent Court (UPCA) have been formally started.
According to German Rechtsanwalt Dr. Ingve Stjerna, the first hearing on the…
If a European Patent has been licensed to licensees in different European countries, opting out of the Unified Patent Court might be preferable to keep these licenses separated as far as possible,…
The main requirements for applying for a preliminary injunction in Spain are "fumus boni iuris" (i.e., indicia of likelihood of success) and "periculum in mora" (i.e. danger in the delay). A recent…
Claim construction and scope of protection are perhaps the most hotly contested topics in Dutch patent law. Over the last ten years, we have had no less than six Supreme Court decisions dealing with…
On 29 April 2016, the Australian Productivity Commission published a Draft Report on its enquiry into Australia’s Intellectual Property Arrangements. Although the Draft Report provides separate…
Bulgaria has deposited its instrument of ratification of the Unified Patent Court Agreement at the Council of the European Union.
It is the tenth member state to complete the ratification…
