One of the recurrent topics in patent litigation in Spain is whether or not a Court can review the validity of a patent in the context of preliminary injunction proceedings. According to some Courts…
In a 2-1 decision issued August 3, 2012 in Momenta Pharmaceuticals, Inc. v. Amphastar Pharmaceuticals, Inc., the U.S. Court of Appeals for the Federal Circuit held that the safe harbor provisions of…
The interesting six-jurisdiction patent case between two of the world’s leading enzyme manufacturers, the Danish companies Danisco A/S (now part of DuPont) and Novozymes A/S has already been subject…
The classic English approach for determining whether a claimed invention is obvious is to compare the prior art and the claimed invention, to identify the differences between the two and to ask…
The High Court considered the extent to which a claim for damages in a patent infringement case could be extended at the damages inquiry stage. It found that whilst it is just and convenient to…
Regarding the interpretation of "offering for the purpose" (of making, using etc.) in the sense of Article 53(1)(b) Dutch Patent Act, the Supreme Court held that offering has to be construed broadly…
The Board decided that the introduction of the Rules of Procedure of the Boards of Appeal (RPBA) overruled prior case law on admission of new arguments not included in the grounds of appeal, as…
The objection raised by the opponent that the protected subject matter of a divisional application extends beyond the content of the parent application does not represent a "fresh ground for…
The board addressed the public availability of publications on the internet, holding that direct and unambiguous access of a document should be possible in order to become state of the art. A mere…
The board clarified the non-public status of e-mail correspondence. The opponent asserted an e-mail from a third party to the opponent as part of the state of the art. It was not in dispute that both…
