The Higher Regional Court Düsseldorf has ruled in its decision of 20 March 2014 (docket number 12 W 8.14) that an explicit allegation of entitlement to a national part of a European patent, e.g. by…
One of the most salient aspects of the draft of the new Spanish Patent Act which Spain's Parliament will be discussing in the coming months is the dramatic modification of the legal regime governing…
by Dr. Simon Klopschinski
The Karlsruhe Higher Regional Court has found direct infringement of a use patent by manifest arrangement even though the product was not marketed together with an…
1 Introduction
Reports that say there's -- that something hasn't happened are always interesting to me, because as we know, there are known knowns; there are things that we know that we know. We also…
1 July appears to be a date prone to attract landmark historical events. On 1 July 1751, for example, the first issue of Denis Diderot & Jean Le Rond d' Alembert's Enciclopedia was published in…
Until recently, third parties had not to worry about the date at which they would initiate a patent revocation action in France. However, nowadays, this issue is a hot topic in France.
The origin of…
Patent litigators around Europe will be taking note of the latest significant development from the English Patents Court in the case of Actavis v Eli Lilly [2014] EWHC 1511 (Pat) (judgment dated 15…
Just recently, the judgement of the German Federal Court of Justice (Bun-desgerichtshof, BGH) in re X ZR 31/11 concerning a tyre removal machine has been published. This judgement is of relevance as…
Under the principle of the prohibition of reformatio in peius, the Boards of Appeal of the European Patent Office are forbidden from taking a decision which puts a sole appellant in opposition appeal…
Those who embraced a deceptive feeling of easiness when they saw Articles 6 – 8 vanish from the text of Regulation (EU) Nº 1257/2012 of the European Parliament and the Council of 17 December 2012…
