When does prior private use give a party the right to continue using the invention? Any person may claim personal possession on the ground of Article L. 613-7 of the French Intellectual Property Code…
The Federal Court of Justice (FCJ) held that where a defendant in a patent infringement action has been found to be liable for infringement in a decision that is preliminarily enforceable but subject…
The expected number of local divisions of the future Unified Patent Court (UPC) is so high that one may wonder if there will be any advantage in terms of specialization of judges and economies of…
Most readers will know that so-called Swiss form claims (“Use of drug X in the manufacture of a medicament for the treatment of disease Y”) were first proposed by the Enlarged Board of Appeal of the…
by Niels Hölder and Thomas Koch
In “Zugriffsrechte” (Access Rights) (docket X ZR 35/11), the Federal Court of Justice decided that a claim can in principle not be construed such that it covers none…
The non patent eligibility of a new dosage for the same disease was reiterated by a decision issued by the tribunal de grande instance de Paris, 3rd chamber, 3rd section, handed down on 5 December…
By Rechtsanwalt Dr. Ingve Björn Stjerna, LL.M., Certified Specialist for Intellectual Property Law, Düsseldorf. This article reflects the personal opinion of the author.
On 18 November 2014 Advocate…
Many readers, particularly those based on one of the islands to the Northwest of the Canal de La Manche, will remember the famous metaphor used by then Justice Robin Jacob in his Decision of 23…
The Dutch company Philips is among the top-10 Patent Cooperation Treaty (PCT) applicants and the top-3 European Patent Convention (EPC) applicants. Owning about 64,000 patents and filing…
by Dylan Ding and Benjamin Bai
Since we last visited this subject in December 2014, the specialized IP courts in China have moved with a speed that is more often observed in some areas of Chinese…
