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…
No, not what you might perhaps have hoped for. A lot is currently ongoing at the European Patent Office about the status, the independence, the future location and the (self-)administration of the…
The Dutch draft legislation to implement the Unitary Patent Package in the Netherlands includes an interesting ‘safety net’ provision. If registration of unitary effect of a European patent is…
When defining the technical problem underlying an invention, it may not simply be assumed that the person skilled in the art needed to address a particular problem. On the contrary, the technical…
(a) Advantages of the invention that have only become evident once the invention was made, and at which therefore the skilled person would not have directed his efforts to further develop the state…
In its decision 24 April 2015, the Borgarting Court of Appeal upheld a decision from the Oslo District Court revoking Genentech's Norwegian patent NO 323 557 (the '557-patent) which concerns…
Both parties’ patents in dispute relate to chemical compounds that are appropriate for use in pharmaceutical drugs, in particular for the treatment of flaviviridae infections such as hepatitis C…
The Actavis v Eli Lilly UK litigation concerning pemetrexed (sold by Eli Lilly under the brand Alimta(®) has already been widely reported in light of Actavis’ innovative application to the English…