On 27 November 2012, the Honourable Mr Justice Arnold surprised the European patent community with an unprecedented decision (Actavis Group HF and Eli Lilly & Company; Medis EHF and Eli Lilly…
When the legislation creating supplementary protection certificates (now consolidated in Regulation 469/2009/EC (the “SPC Regulation”)) was first introduced in 1993 no-one could have foreseen the…
by Hetti Hilge
The German Federal Supreme Court (BGH) confirmed that the patent owner may recover the infringer’s profit in so far, and only in so far, as it results from the use of the patent (BGH,…
A recent Decision of the EPO’s Technical Board of Appeal 3.2.05 found claims of a “mother” patent to lack novelty over the disclosure content of an EPO application that was a daughter (divisional) to…
A patent can be re-assigned to the legitimate rights holder based on a claim of entitlement under Article 118 Italian IP Code, even when the patented subject matter differs from the invention made by…
If the patent provides a multi-level method to be applied in more than one production entity (here: the preparation of sausage casing as endless rolls and their automatic filling at the sausage…
If replacement of a worn-out component during the lifespan of a patented combination product is expected in the relevant trade circles, this will form part of the intended and thus admissible use,…
The amount of its profit the infringer will have to pay to the patentee as damages is calculated solely based on the profit earned by use of the intellectual property right. To determine this profit…
In its recent judgment of 26 October 2012, the Spanish Supreme Court (Judge Rapporteur Mr José Ramón Ferrándiz Gabriel) has clarified an interesting point over which lower level courts offered…
In a decision issued November 1, 2012 in Exelixis, Inc. v. Kappos, the U.S. District Court for the Eastern District of Virginia found that the USPTO has been misinterpreting a provision of the Patent…
