The Supreme Court held that claiming priority of an earlier application requires a direct and unambiguous disclosure in the priority document of all features of the technical teaching as defined in…
In an appeal against a decision by the Opposition Division to maintain the patent in amended form, the Board ordered the representative of the opponent to file an authorization. The representative…
As the readers are well aware, quite often patented products are not necessarily marketed (or only marketed) by the patent owner. It is usual for patent owners to market their products through their…
As previously reported on this blog, the new Unified Patent Court (UPC) will bring the biggest change in the patent litigation landscape Europe has ever seen. It will soon be possible to obtain a…
Ensuring the independence and integrity of its judges is crucial for every court system.
After its first year of existence, the Swiss Federal Patent Court has slightly amended its Guidelines on…
On 15 January 2013, the French Cour de cassation, in the litigation between the Novartis companies and the Actavis companies about valsartan, drew the consequences of the 9 February…
The Helsinki Court of Appeal granted Lundbeck preliminary relief against Sandoz. The Court held in the light of Article 34 TRIPS that in preliminary relief cases the standard of proof of infringement…
The Helsinki Court of Appeal found that ratiopharm had infringed Merck's supplementary protection certificate covering losartan. The Court applied the reversed burden of proof of the Patents Act,…
In one of my earlier posts I gave the news that, after years of uncertainty as to the admissibility of interlocutory (pre trial) declaratory judgements of non infringement in IP cases (here), the…
The Federal Court of Justice held that the meaning of a patent claim as a whole and the contribution of the single features to the result of the invention must be assessed in nullity proceedings. It…
