Recent U.S. Court of Appeals for the Federal Circuit and USPTO decisions underscore the potential value of challenging a granted U.S. patent in a USPTO proceeding, even if the patent already has…
The term "offering" must be understood in a broad sense. It is sufficient that the per-son who is offering draws the attention of the public to the offered object so that - clearly - advertisements…
Judgments from the English Courts are nowadays usually delivered in draft form and in strictest confidence from the Judge’s clerk to the parties by way of an attachment to an email. This invariably…
On 10 June 2013 the Court of Appeal of Barcelona handed down a very interesting decision that appears to have written the penultimate word in the long saga of decisions discussing the meaning of "…
And Richard Pratt
Swarovski-Optik KG v Leica Camera AG [2013] EWHC 1227
Summary
At the Patents Court before Vos J, Swarovski-Optik brought patent infringement proceedings against Leica Camera, who…
Now is the winter of our discontent, or so some may have thought when the Unified Patent Court (“UPC”) agreement was signed on 19 February of this year. The rain came mainly from Spain, which started…
The main principles applicable for assessing whether a non-disclosed disclaimer meets the requirements of Article 123(2) EPC have been laid out in the decision G 1/03 of the Enlarged Board of Appeal…
On June 13, 2013, the U.S. Supreme Court issued its long-awaited decision in the “ACLU/Myriad” gene patents case (Association For Molecular Pathology v. Myriad Genetics, Inc.). In a unanimous opinion…
Over the past months several webites have been launched that try to track and trace any and all news and documents on the Unitary Patent and Unified Patent Court ("UPC"). Today the faithful UPC…
Jurisdiction at the place where the harmful event occurred or may occur pursuant to Article 5 (3) of Regulation EC/44/2001 can be established in a negative declaratory action even though this action…
