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…
This past week I had an interesting hearing at the EPO where an opposition was based, inter alia, on public prior use.
The opposition division heard a number of witnesses on the question whether the…
EPO practice on patenting plants knows two exclusions that are defined in Art. 53(b) EPC: the exclusion of “plant varieties”, and the exclusion of “essentially biological processes for the production…
As any practitioner who has come in contact with the Danish legal system in connection with disputes concerning IPR will know, until now, the complexities quite often involved in such cases have…
According to Article 65 of the European Patent Convention ("EPC"), when the European patent granted is not drafted in one of the official languages of the EPC, any contracting state may require that…
On 10 October 2012, the Court of Appeal handed down its judgment in the case of MedImmune v Novartis*. This was the first of what is expected to be a series of decisions from the Court of Appeal over…
As of September 16, 2012, third parties have been able to make "Preissuance Submissions" of printed publications in pending U.S. patent applications. To date, the USPTO has received just over 100…
