The Danish Maritime & Commercial Court recently granted an interlocutory injunction in a patent dispute relating to 2nd medical use claims (Novartis v. Orifarm Generics case A-0006-14)).
The…
To the extent that summer 2014 existed at all in central Europe, experts agree that it is now definitely over. There is some controversy whether we ever had summer in Germany this year, but at least…
1. Introduction
Preliminary injunction (“PI”) and seizure proceedings are powerful weapons in the hands of patentees in Belgium. Often, the success of a product launch and the outcome of a…
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…
