Dealing with claim construction issues, the FCJ held that a claim construction which leads to the result that none of the embodiments described in the patent specification would be covered by the…
In Amgen v. Sandoz, Fed. Cir., No. 15-1499 (July 21, 2015), a divided panel of the U.S. Court of Appeals for the Federal Circuit issued its first decision interpreting the Biologics Price Competition…
Technological innovation has left deep footprints on the evolution of International Law. In the mid-1960s, in his course at The Hague Academy of International Law, professor Mouton explained that…
Summer is here and the anticipated (but not yet actually arrived in the author’s personal experience) slow-down in activity may provide many Kluwer Patent Blog readers with the chance to draw…
Competence of the Dutch courts is determined solely based on facts furnished by plaintiff. Jurisdiction for patent entitlement claims is governed by the Protocol on Recognition to the EPC, not by the…
Conflicts between patents and generic medicaments are mandatorily solved by arbitration. Requests of authorization to introduce generic medicaments in the market (AIM) are published by the Portuguese…
The statute which provides that holders of industrial property rights can resort only to arbitration instead of directly resorting to state courts concerning provisional or interim measures (Article…
The Patent and Trial Appeal Board erred in dismissing Airbus S.A.S.’s appeal for lack of jurisdiction based on a lack of substantial new question of patentability because the Director had already…
By Kristian Fredrikson, Dephi and Jan Lindberg, Trust Ltd.
This time I want to introduce a fellow author from Sweden, Kristian Fredrikson, who promised to write about this interesting recent decision…
Since the dismissal by the Court of Justice of the European Union of Spain’s actions on 5 May 2015 a number of positive decisions are coming from the unitary patent / UPC scene:
1) By the end…
