Preliminary injunctions are powerful weapons in patent infringement suits. A successful application – and sometimes even an unsuccessful application – for a preliminary injunction (“PI”) will often…
At the Kluwer Patent Blog we keep our fingers on the pulse of patent litigation. With their trained fingertips our contributors measure the heart rate of new case law and developments from their…
In its recent decision “Communication Channel” (“Kommunikationskanal”) of 11 February 2014, docket, X ZR 107/12, the FCJ decided that the priority of an earlier application may be claimed if the…
The messy case law from the Court of Justice of the European Union ("CJEU") on supplementary protection certificates ("SPC") that protect "combinations" of pharmaceutical products has left many…
Under the auspices of the Max Planck Institute for Innovation and Competition (Munich) 40 researchers from 25 countries passed a “Declaration on Patent Protection”. This declaration was published in…
The development of Herceptin (trastuzumab) in the late 1980s and 1990s is one of the most remarkable advances in the treatment of breast cancer. The story of the drug and its pioneer, the “velvet…
Pursuant to a U.S. White House initiative aimed at addressing the "challenges from Patent Assertion Entities (PAEs)" and stemming the economic drain of meritless patent litigation, the USPTO has…
by Dr. Simon Klopschinski
In one of its latest orders the Karlsruhe Higher Regional Court has used the opportunity to take a glimpse into the crystal ball, in order to see what decision the Court of…
Rarely are questions referred to the EPO Enlarged Board of Appeal so fundamental for everyday practice as those referred by Board 3.2.08 in decision T 373/12 of 2 April 2014. The Enlarged Board is…
a) The applicant is not obliged to limit the protective scope to explicitly described embodiments, but may make certain generalisations to cover the entire invention.
b) Whether a claim containing…
