A long time has already passed since 23 October 2001, when Judge Jacob ordered a preliminary injunction preventing the launch of the first paroxetine generics in England. To cut a long story short,…
In a recent ruling rendered in the General Hospital v Asclepion case, the Italian Supreme Court wrote the latest episode of the “Italian torpedo” never ending saga. In particular, the Supreme Court…
A recent decision of the Higher Regional Court (Oberlandesgericht) Düsseldorf now confirms that a holding company cannot easily dive away under the patent infringing activities of its subsidiaries.…
Section 70 of the UK’s 1977 Patents Act “the Act” (as shown below) creates a cause of action against a party that issues groundless threats of patent infringement:
(1) Where a person (whether or not…
Earlier this year the Federal Patent Court published its annual report for the business year 2012. The report provides an overview of the businesses and procedures during the new Swiss Patent Court’s…
As the readers will know, one of the possible methods used by the European Patent Office ("EPO") to examine inventive step is the so-called "problem & solution" approach, which has three parts: i…
by Rüdiger Pansch for rospatt osten pross
Assuming that “it is sensible for national courts at least to learn from each other and to seek to move towards, rather than away from, each other’s…
The first set of "technical corrections" to the Leahy-Smith America Invents Act (AIA) was enacted on January 14, 2013. While this legislation did make "technical" corrections to some of the new AIA…
The final week in July is always a busy time in the English Courts as Judges try to hand down judgments before the commencement of the summer vacation which lasts approximately two months.
2013 was…
The Mannheim Regional Court decided on March 8, 2013 (court docket: 7 O 139/12) that a supplier which is located abroad is regularly only liable for participating in patent-infringing acts in Germany…
