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…
There is insufficiency of disclosure if the skilled person must deliberately ignore a feature of the claim which is perfectly understandable per se in order to work the invention.
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The Stockholm District Court held the Swedish part of a European patent concerning a method of growing two or more plants invalid, due to lack of inventive step. Despite requests for limitations by…
In a combined patent infringement and nullity case, the Svea Court of Appeal upheld the validity of Roche Diagnostics' European patent as far as Sweden was concerned, but held, other than the…
Patent trolls, also called "non-practicing entities" ("NPE"), a rather more elegant name, have become a serious threat to the patent system, particularly in the IT arena in the United States ("U.S…
Today the UPC Rules Committee is passing the official version of the 15th draft of the UPC Rules of Procedure to the Commission. It is anticipated that this will become the first draft for official…
On June 4, 2013, the U.S. White House issued a press release announcing its “Task Force on High-Tech Patent Issues.” The press release outlined five executive actions and seven legislative…
by Stefan Lieck
In a judgement of 17 January 2013 (docket no. I-2 U 87/12), the Düsseldorf Higher Regional Court confirmed its previous case law according to which the issuance of a preliminary…
