For some years the European Commission has been drafting a new “Regulation Concerning Customs Enforcement of Intellectual Property Rights” replacing present Regulation EC/1383/2003. It now appears…
Now that we are less than one month away from implementation of the First-Inventor-To-File provisions of the America Invents Act (AIA), stakeholders are considering whether to file new patent…
In a recent decision (BGH X ZR 7/12) the Bundesgerichtshof had to decide whether the Appeal Court violated its general obligation to elucidate the facts relevant for the decision by not ordering the…
Faithfully implementing Article 9 §4 of Directive No. 2004/48/EC, Arti-cle L. 615–3 of the French Intellectual Property Code (hereinafter referred to as “IPC”)…
FRAND licensing terms (Fair, Reasonable, and Non-Discriminatory) and their impact upon electronics and telecommunications patent litigation is fast becoming a hot topic amongst the patent blogs. One…
On 5 December 2012, the Civil Chamber of the Supreme Court handed down an interesting judgment confirming that the non-discrimination principle enshrined in articles 27.1 and 70 of TRIPS trumps any…
The German Federal Patent Court (FPC) has recently published its first decision (3 Ni 28/11 of 2 May 2012 “Ranibizumab”, GRUR 2013, 58) dealing with the interpretation of related CJEU Judgments “…
by Bernward Zollner
In a case called "Produktionsrückstandsentsorgung" the German Bundesgerichtshof has discussed a case in which the claim of the litigious patent had been amended and narrowed with…
By order of 16 October 2012 in Sperotto v. Bolpagni , the Court of Turin stated, in line with a few other of its recent decisions, that patent infringement ordinary proceedings (even if including a…
The Polish government's enthusiasm for the EU patent package has seriously dwindled of late. It appears to have taken several steps back with respect to the implementation of a unified patent…
