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…
The CJEU decided on a referral by the District Court Düsseldorf with regard to the interpretation of Art. 102 TFEU in the context of patent infringement actions regarding standard essential patents…
If foreign counterparts of a European patent have been declared invalid in five European jurisdictions and the arguments in these court decisions are substantially convincing, the prima facie…
The Oslo District Court invalidated the Norwegian patent NO 324 454 B3 on a method intended for the direct detection of oil and gas in subsea reservoirs using electromagnetic measurements due to lack…