The District Court of The Hague invalidated two patents for a lack of inventive step. The patents claimed to solve two separate problems of a known production method for glatiramer acetate. The court…
In this case the FCJ discussed the criterion of “equivalence” for a non-literal infringement of a patent. The Court held that one has to assess all technical effects which have to be achieved with…
The enlarged board of appeal of the European patent office allowed a petition for review of a board decision because the right to be heard had been denied. The decisive ground for the decision under…
An EPO board held that an appellant in a cross-appeal can be bound by an analogy of the bar against reformatio in peius, when filing a request later than with the grounds of appeal. When the…
It is remains open whether the Czech Republic and Slovakia will ratify the UPC Agreement anytime soon, according to Martin Husovec, a Slovak-born lawyer & academic and Doctoral Research Fellow at…
In February this year, the Ministry of Employment and Economy of Finland set up a Working Group to make preparations for the ratification of the Unified Patent Court Agreement ("UPC Agreement"). The…
Some Late Summer Thoughts about Molten Polymers and two Decisions by the German Federal Court of Justice
Now that the unusual heat of this summer in central Europe finally seems to have ended, it…
One of the tricky consequences of Article 64 of the European Patent Convention ("EPC"), which establishes that the European patent is immediately enforceable after its publication, and Article 99,…
In a recent decision, the Danish appeals court (High Court) overturned the first instance decision not to grant an application for an interlocutory injunction.
The case concerned whether or not the…
by Bernward Zollner
In a decision of 20 January 2015 the German Bundesgerichtshof has discussed the validity of the EP 0 964 031 and has confirmed at the end the previous judgement of the…
