Regarding the gathering of evidence in French and foreign territories, the Paris Court of Appeal affirmed the appealed decision and acceded to defendant's reasoning in ruling that (i) the 'saisie-…
The French Supreme Court for the first time recognized, as a general principle of French patent law, the estoppel "according to which a person may not contradict themselves to the detriment of…
On Friday, July 20, 2012, the U.S. Court of Appeals for the Federal Circuit heard oral arguments in Association for Molecular Pathology v. Myriad Genetics, Inc. (the ACLU "gene patenting"/BRCAI case…
With its decision of 12 July 2012, Case C-616/10 - Solvay on the interpretation of Articles 6(1), 22 (4) and 31 of Regulation (EC) No. 44/2001 (Brussels I Regulation, "BR") the European Court of…
In a decision of 9 February 2012, the Court of Appeal of Milan decided a case concerning the ownership of the rights over an invention allegedly made in the framework of a work-made-for-hire…
As has been widely reported in the IP and wider press, a major breakthrough was made at a political level on 29 June 2012 on the long-running EU Unitary Patent and Unified Patents Court dossier. …
One of the points of contention in cases where inventive step is discussed is which expert is better suited to express an opinion on whether or not the invention would have been obvious for the…
In 2007 in Nichia v Argos* the UK’s most senior full-time patents judge at the time, Jacob LJ, held that disclosure should no longer be available as a matter of course on standard issues such as…
Practitioners and applicants have been wondering how the USPTO would respond to the July 20, 2012, U.S. Supreme Court decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc., which…
In the decision T 1621/09 of the Boards of Appeal of the EPO the question arose whether the appellant’s new argument amounts to an amended case within the meaning of the RPBA (Rules of Procedure of…
