On April 15, 2013, the U.S. Supreme Court will hear oral arguments in one of the most controversial and publicized biotech patent cases, the “ACLU/Myriad” gene patenting case (formally, The…
The German Federal Court of Justice (Bundesgerichtshof, BGH) addressed some interesting questions on patents protecting methods relating to data in the decision "MPEG-2-Videosignalcodierung" ("MPEG-2…
In its “Leflunomid” decision of 24 July 2012 (Case X ZR 126/09), the FCJ declared a patent claim to be invalid which covered a combination of leflunomide and teriflunomide, on the grounds that it had…
In a recent decision (case no. 4A_443/2012) the Swiss Federal Supreme Court had to deal with a dispute between the German Robert Bosch GmbH, which filed suit against the Swiss Federal Confederation…
One of the topics hotly discussed within the intellectual property family over the last few years is whether or not "transit" is an act of infringement. Since, unlike patent law, trademark law is…
In our post on 30 October 2012 we referred to forthcoming appeals dealing with how the question of obviousness should be tackled by the English courts. The Court of Appeal has now given its verdict…
by Hetti Hilge
The District Court Duesseldorf stayed a case between Huawei and ZTE concerning mobile and base stations within the LTE standard and referred five question to the CJEU (docket No. 4b O…
The Regional Court Dusseldorf submitted on 21 March 2013 a referral to the CJEU with five questions regarding the interpretation of Art. 102 TFEU relating to the antitrust objection of compulsory…
The Paris Court of Appeal clarified the interest of a potential competitor to seek the revocation of a patent. It was particularly unclear whether any competitor, current or potential, could have a…
Spain adopted the optional clause in Article 65 of the EPC, which requires a translation of the patent filed with the national patent office within 3 months of publication of the patent by EPO. The…
