by Hetti Hilge
In two recent and surprising decisions the Bundesgerichtshof (German Federal Court of Justice) clarified the effects of a first instance decision nullifying the patent in suit on the…
‘It’s one big mess.’ At times Emil Pot, co-founder and general counsel of biopharmaceutical company ActoGenix, had difficulty containing his frustration at the Congress on the EU patent package,…
Although more than 20 years have passed since the Enlarged Board of Appeal issued its decision G 1/92, there is still little case law which provides guidance on how to establish the structure and…
Pierre Véron and Amandine Métier, Véron & Associés
On 23 September 2014, the cour d’appel de Paris, in Genentech v. Hoechst and Sanofi Aventis Deutschland, Docket № 12/21810, decided to refer to…
Since last week the prototype of the case management and efiling software for the Unified Patent Court is online for testing purposes. In Brussels, Paul Van Beukeringen (chairman of the preparatory…
In September of 2013 the Spanish Patent and Trademark Office ("SPTO") published a draft Patents Act, which will hopefully be approved by Parliament within the next few months, assuming that the…
The English Patents Court (Birss J) recently demonstrated a somewhat unconventional approach to answering the statutory question of obviousness when assessing inventive step*. The judgment also…
The training of judges for the UPC will commence in the first quarter of 2015.
Willem Hoyng, member of the Expert Panel of the UPC Preparatory Committee, informed Kluwer IP Law that a group of 26 ET…
The juxtapositon of patent limitations in national nullity proceedings and before national patent offices on the one hand and according to article 105a EPC on the other hand is a hotly debated issue…
The doctrine of equivalence has seen some kind of renaissance in German case law recently. In short words, there are three questions to be asked to decide for equivalent infringement if there is no…
