Under the doctrine of equivalents, a patent does not convey protection for all options disclosed in the broader patent description if these options are not specifically included in the patent claims…
An amendment of independent patent claim 1 during prosecution introduced a new feature. According to the Examining Division this led to the combinations of features of dependent claims 2-4 to extend…
In its recent decision “Fräsverfahren” [Milling Method] of 7 May 2013 (Docket X ZR 69/11), the FCJ eased the conditions regarding a claiming of damages with regard to indirect patent infringement and…
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…
