As readers well know, over the years many patent offices around the world have opened the door to the patentability of so-called "second medical uses" to foster research on possible solutions to…
Tribunal de grande instance de Paris, 3rd chamber, 1st section, 3 July 2014, Evinerude v. Philippe Giraudeau and Aair Lichens
While the US decisions in Mayo Collaborative Services v. Prometheus…
As the readers well know, the European Patent Convention ("EPC") system allows the validity of European patents to be challenged through two different routes: (i) oppositions filed before the…
In the oral proceedings held in the EPO appeal case T 1760/11 the Board of Appeal (BoA) 3.3.01 selected one single closest prior art (CPA) document for the inventive step assessment and then denied…
We reported recently that the IPCom Guidelines which set out when the English Court should stay patent actions pending EPO oppositions appear to be “More honour’d in the breach than the observance”.…
PI proceedings have always been a powerful weapon for patentees in Belgium. In such proceedings before the President of the Commercial Court a full legal analysis of the parties’ rights cannot be…
It is perhaps a poor reflection on the CJEU that it regularly issues rulings that, when the case is restored before the referring court, lead both parties to an action to claim victory. However this…
On 17 July 2014, Advocate General Pedro Cruz Villalón issued his opinion in Case C-364/13 International Stem Cell Corporation v. Comptroller General of Patents, whereby he proposed that the Court of…
Since the announcement of the establishment of the Unified Patent Court (UPC) and Unitary Patent (UP) for Europe there has been much speculation concerning the potential positives and negatives of…
The FCJ held that the priority of an earlier application may be rightfully claimed if the technical information described for a specific embodiment or otherwise in in the application is seen by the…
