The readers will recall that on 18 July 2013, the European Court of Justice ("ECJ") handed down its controversial judgment in case C‑414/11 Daiichi Sankyo Co. Ltd, Sanofi-Aventis Deutschland GmbH v.…
In preliminary injunction proceedings: to fulfil the requirement of urgency a patentee must actively and with determination enforce the patent. A patentee does not have to wait for the outcome of…
As a rule, an applicant has a right to inspection of respondent’s premises in order to prepare a claim for damages due to illegal exploitation of secret know-how. The applicant must designate…
Owing to the amendments to the German Patent Act (GPA) passed with the so-called Patent-Act Amendment Act of October 19, 2013 (Federal Gazette 2013, 3830), a number of user-friendly changes have been…
The Board of Appeal used its discretionary power to declare inadmissible an appeal based on the claims as granted after the proprietor had only defended amended claims before the opposition division…
The Court of Appeal of Burgos dismissed the appeal against the Judgment of the Provincial Court of Burgos, which upheld a patent for a pharmaceutical composition and its use, despite the fact that…
(1) If a plaintiff can prove there was an “offering” of means for the patented purposes, it can be assumed that the means were also delivered for those purposes, and that therefore the plaintiff has…
The French Supreme Court condemned a patentee’s undue use of an evidentiary measure (infringement seizure, "saisie-contrefaçon") as a way to obtain information from a competitor, specifically…
The Federal Circuit decision in Novatris AG v. Lee, Nos. 2013-1160, -1179 (Jan. 15, 2014), interpreted 35 USC § 154(b)(1)(B)(i) as it relates to the impact that a Request for Continued Examination (…
As readers of this blog may recall, the Danish government has for some time attempted to persuade a 5/6 majoirity of the Danish parliament to agree to cast the vote in favour of Danish accession to…
