In countries where patents and utility models (sometimes called "petty patents") co-exist, a recurrent question is which is the level of inventiveness required for utility models as opposed to…
Applying a purposive construction of the claims the Court found no infringement similar to the conclusion in prior parallel proceedings between the parties in the Netherlands, Germany and the United…
The Court cited the parallel proceedings between the parties in the United Kingdom, where the approach of the EPO Board of Appeal in T331/87 Houdaille/Removal of Feature [1991] EPOR 194 was applied,…
The Court of Appeal held that Roche c.s. infringed the patent. Test results regarding the allegedly infringing product were admitted as evidence because Roche's arguments were held insufficient to…
The Court of Appeal partially reversed the Brussels Commercial Court's decision invalidating Lundbeck's SPC for escitalopram, to the extent that it had immediate effect.
A summary of this case will…
The Brussels Court of Appeal issued a preliminary injunction against Eurogenerics on the basis of Lundbeck's Belgian SPC for escitalopram, despite the fact that the SPC had been invalidated in…
On 27 September 2012, a new consolidated version of the Draft Agreement on a Unified Patent Court (Document 14268/12) was (finally) published. The consolidated text includes some of the amendments…
In the wake of the UPC Agreement having been entered into under the Danish presidency, there was widespread euphoria about the many, potentially positive, aspects of Danish SME litigants being able…
After widespread reform in late 2010 (previously reported here), the Patents County Court (the "PCC") is increasingly becoming a court of choice in intellectual property matters in England and Wales…
The UK IPO has applied the decision of the CJEU in Brüstle on stem cells in a recent case that is likely to lead to more judicial comment on the patentability of stem cell inventions. In…
