Many practitioners in Germany thought the doctrine of equivalence to be rather at its end following two Supreme Court (BGH)-decisions in 2011 (“Okklusionsvorrichtung” and “Dyglycidverbindung”). Now,…
Earlier today, the Swiss Federal Courts (including the Swiss Federal Patent Court) published a joint press release concerning their annual reports 2013.
The number of infringement and/or validity…
On 22 October 2013 the Provincial Court of Barcelona (Section 15) handed down a controversial judgment revoking a patent due to lack of inventive activity relying on a technical report prepared by an…
The wording of prayers for relief in patent infringement proceedings remains a hotly debated issue in Switzerland. In a landmark decision dated 2004 (BGE 131 III 70) the Swiss Federal Supreme Court…
by Katie Hutchinson & Brian Cordery
A recent judgment from Mr Justice Roth in the UK Patents Court found a patent for a fire resistant LED downlight valid and infringed. The gist of the invention…
The USPTO has issued new Guidance For Determining Subject Matter Eligibility to help examiners apply the principles of Myriad and Prometheus to any claim "reciting or involving laws of nature/natural…
The use and circulation of a product which has been put on the market by the patentee or a third party acting with the consent of the patentee (e.g. a licensee) cannot be prohibited by the patentee…
The EPO Board of Appeal 3.2.06 decided on 20 February 2014 to refer the following question to the Enlarged Board of Appeal:
“Is an appeal inadmissible or not deemed to have been filed, if both the…
UPC aficionados will be interested to learn that the 16th draft of the Rules of Procedure was unveiled yesterday.Readers will remember that the previous draft was published on 31 May 2013. Since then…
In our previous blog Opting out and Opting in we discussed some of the questions regarding the transitional regime under the Unified Patent Court Agreement (UPCA). Due to its importance and ambiguity…
